The photographs on any page of BlueHeronPhotography.com (the site) are provided for public viewing and purchase at your request and/or the request of the Event Organizer. Your use (accessing, browsing, purchasing, et al) of this site is your legal agreement to the policies, and terms and conditions listed below and throughout the site. If you do not agree to these policies, and/or terms and conditions, do not use the site.
1. Blue Heron Photography, LLC (the company) and the site owns and retains the copyrights on all photographs and products available on the site and all reprinted photographs purchased. No copyright license (either expressed or implied) is granted any user, visitor or customer by the site and/or the company.
2. Photographs purchased from this site or from the company are strictly for personal use. Commercial use or public publication is prohibited.
3. The photographs are provided to the recipient or customer as-is. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose.
4. To the extent that photographs include any
4a. trade name, trademark, or service mark owned by a third party, or
4b. likeness of or reference to an individual,
the customer is responsible for obtaining appropriate permissions and licenses from such third party or individual.
5. Persons requesting their photo be removed from the site, may do so by providing the Event Name, Event Date, and complete Image Number of the photograph to be removed to Customer Service at email@example.com Photographs will be removed in a timely manner; however this process may take up to three (3) weeks.
6. Photographs or products purchased from this site or from the company may not be used in any defamatory or unauthorized means towards such persons or named individuals in the photographs, towards Event Organizer(s), towards the company, or towards the site. In such event, prosecutors will not hold the site, the company or the Event Organizer(s) liable for any direct, special, incidental, consequential, punitive, or indirect damages. Customer information regarding the purchaser and/or customer of photographs and/or products will be provided to authorized authorities by the site and/or the company at the request of the authorized authorities.
7. This Agreement
7a. will be governed by the law of the State of Washington, exclusive of Washington's choice of law rules and
7b. constitutes the entire agreement between the site and the company and user, and supersedes any and all other agreements, understandings, and communications between the them related to the photographs.
8. In no event shall the site's or company's owners, its parent, subsidiaries, or affiliates, or their respective officers, directors, employees, representatives, or agents be liable for direct, special, incidental, consequential, punitive, or indirect damages (including but not limited to, loss of data, use, misuse, or profits), however caused, whether for breach of contract, negligence, or otherwise whether or not the site or the company has been advised of the possibility of any such damages.
9. You agree that the site and the company's parties maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.
10. Some jurisdictions do not allow the limitation of exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdictions law is applicable to this Agreement.
11. Your computer's IP address, the acceptance or declination of these terms, and the current date and time may be logged by the site and/or the company.
12. These terms may be modified at any time.