The following terms and conditions govern use of the outwestphotostudio.com website and all content, services and products available at or though the website (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions below and all other rules and policies, including, without limitation Out West Photo Studio’s Privacy Policy (taken together, the “Agreement”). Your agreement is with Out West Photo Studio, LLC (“OWPS” or “we”).
OWPS Services are not directed or offered to children younger than 13. If you are under 13 years old, please do not use our website. Any person who registers as a user or provides their personal information represents that they are 13 years of age or older.
Also, you may not use the OWPS website or Services if you are a person barred from using the services that OWPS provides under the laws of any country in which you are resident or from which you use the Services.
Use of Outwestphotostudio.com
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by OWPS, acceptance is expressly limited to these terms.
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and any other actions taken in connection with it. You must immediately notify OWPS of any unauthorized uses of your account.
Payment & Refund.
By selecting any product or service you agree to pay OWPS the fees indicated for that product and/or service. OWPS refund policy is non-refundable.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Out West Photo Studio links and that link to OutWestPhotoStudio.com. OWPS does not have any control over those non- OWPS websites, and is not responsible for their contents or their use. By linking to a non- OWPS website, OWPS does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OWPS disclaims any responsibility for any harm resulting from your use of non- OWPS websites and webpages.
Copyright Infringement and DMCA Policy.
As OWPS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by outwestphotostudio.com violates your copyright, you are encouraged to notify OWPS at This email address is being protected from spambots. You need JavaScript enabled to view it.. OWPS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OWPS or others.
Intellectual Property.
This Agreement does not transfer from OWPS to you any OWPS or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with OWPS. All copyrights, trademarks, service marks, graphics and logos used in connection with outwestphotostudio.com or our Services, are copyrights, registered copyrights, trademarks or registered trademarks of OWPS or OWPS’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any OWPS or third-party copyrights or trademarks. Any rights not expressly granted herein are reserved.
Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
Termination.
OWPS may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OWPS account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Our Services are provided “as is.” OWPS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. OWPS does make any warranty that our Services will be error free. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Phoenix, Arizona. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and reasonable attorneys’ fees.
Limitation of Liability.
In no event will OWPS be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for any amounts that exceed the fees paid by you to OWPS under this Agreement for the product or service giving rise to the cause of action. OWPS shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of our website and Services will be in strict accordance with the OWPS Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of OWPS or any third party; and (iii) your use of our website will not in any manner damage, disable, overburden or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the OWPS website, including, but not limited to, data mining, robots or similar data gathering and extraction tools.
Indemnification.
You agree to indemnify and hold harmless OWPS, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between OWPS and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of OWPS, or by the posting by OWPS of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; OWPS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms are effective as of 26 June 2017.