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Please read the following
legal restrictions and terms and conditions
carefully before using this site. By using
this site, you indicate without limitation
or qualification your agreement to the restrictions
and terms and conditions. If you are not agreeable
to the following restrictions and terms and
conditions, do not use this site.
Restrictions on use of materials
Magic Portrait™ Studios, LLC/ Magic Portrait™.com
maintains this site (the "site") for
your personal entertainment, information, education
and communication. You acknowledge that this Site
may contain information, communications, software,
photos, text, video, graphics, music, sound images
and other material (collectively "Content"),
which is generally provided by Magic Portrait™ Studios,
LLC/ Magic Portrait™.com. You agree and acknowledge
that, notwithstanding that Magic Portrait™ Studios,
LLC/ Magic Portrait™.com permits access to
the Content, the Content is protected by copyrights,
trademarks, and other intellectual property and
proprietary rights (collectively the "Rights"),
that these Rights are valid and protected in all
media now existing or hereafter developed, and
your use of the Content shall be governed and constrained
by applicable copyright, trademark and other intellectual
property laws. Images of people or places displayed
in the Site are either the property of, or used
with permission by, Magic Portrait™ Studios,
LLC/ Magic Portrait™.com. The unauthorized
use of these images by you, is strictly prohibited.
Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy
and publicity, and communication regulations and
statutes.
In addition to Magic Portrait™ Studios,
LLC/ Magic Portrait™.com's Rights in and
to the individual images of the Contents, Magic
Portrait Studios, LLC/ Magic Portrait.com owns
a copyright in the selection, co-ordination, and
management of the Content. Nothing contained herein
may be reproduced, stored in a retrieval system,
or transmitted in any form or by any means, including
but not limited to electronic, mechanical, photocopying,
recording or otherwise, without the written permission
of the copyright owner.
You should feel free to browse the Site. However,
you may not download, distribute, modify, transmit,
participate in the transfer or sale of, reproduce,
perform, display, incorporate into another WebSite,
create derivative works for, or in any way other
way exploit any of the Content, in whole or in
part. You can use the Contents for informational,
personal, and non-commercial purposes only. Use
for any other purpose is expressly prohibited,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site,
including Magic Portrait™ Studios, LLC/ Magic
Portrait™.com and “Destination for
the Imagination”, are registered and unregistered
Trademarks of Magic Portrait™ Studios, LLC/
Magic Portrait™.com. Nothing contained on
the Site should be construed as granting by implication
or otherwise any license or rights to use any Trademark
displayed on the Site without the express written
permission of Magic Portrait™ Studios, LLC/Magic
Portrait™.com.
Magic portraits are for working photographers who make money selling portraits to customers. They can be sold and resold to the photographer’s customers and used in print or web-based advertising for the photographer’s business. A Magic Portrait CAN NOT be resold to stock photo companies, or a publishing companies of any sort. Magic Portraits are specifically for resale to a photographer’s or studio’s retail customers.
Disclaimers and Limitation of Liability
While Magic Portrait™ Studios, LLC/ Magic
Portrait™.com uses reasonable efforts to
include accurate and up-to-date information on
the Site, Magic Portrait™ Studios, LLC/ Magic
Portrait™.com makes no warranties or representations
as to its accuracy. Magic Portrait™ Studios,
LLC/ Magic Portrait™.com assumes no liability
for any errors or omission in the Content on the
Site.
Your use and browsing of the Site is at your risk.
Neither Magic Portrait™ Studios, LLC/ Magic
Portrait™.com nor any other party involved
in creating, producing or delivering the Site is
liable for any direct, incidental, consequential,
indirect, or punitive damages arising out of your
access to, or use of , the Site. Without limiting
the foregoing, everything on the Site is provided
to you "as is" without warranty of any
kind, either expressed or implied, including but
not limited to, the implied warranties of merchantability,
fitness for a particular purpose or non-infringement.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of
the above exclusions may not apply to you. Magic
Portrait™ Studios, LLC/ Magic Portrait™.com
also assumes no responsibility, and shall not be
liable for any damages to, or viruses that may
infect, your computer equipment or other property
on account of your access to, use of, or browsing
in the Site.
User Submissions
Magic Portrait™ Studios, LLC/ Magic Portrait™.com
welcomes your comments regarding this site, and
its products. However, you are hereby advised that
any communication or material you transmit to the
Site by electronic mail or otherwise, including
any data, questions, comments, suggestions, or
the like is, and will be treated as, non-confidential
and non-proprietary. Anything you transmit maybe
used by Magic Portrait™ Studios, LLC/ Magic
Portrait™.com for any purpose, including
but not limited to reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore,
Magic Portrait™ Studios, LLC/ Magic Portrait™.com
is free to use any ideas, or information you transmit
to the Site for any purpose.
Links from Other Web Sites
Magic Portrait™ Studios, LLC/ Magic Portrait™.com
has not reviewed the sites linked to the Site and
therefore is not responsible for the contents of
any off-site pages or any other sites linked to
the Site. Your linking to any other off-site pages
or other sites is at your own risk.
Future Revisions
Magic Portrait™ Studios, LLC/ Magic Portrait™.com
may at any time revise these Terms and Conditions
by updating this posting. You are bound by any
such revisions and should therefore periodically
visit this page to review the current Terms and
Conditions to which you are bound.
Illegal use
You warrant that you will not use the Magic Portrait for any fraudulent or illegal purpose and that you will not submit any image that:
(a) is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way, or
(b) would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
(c) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, and you accept and undertake that you will be liable for any action taken against Magic portrait Studios, LLC and its respective distribution and business partners in relation to such use and will fully indemnify Magic Portrait Studios and its respective distribution and business partners against all actions, claims, demands or costs which may arise as a result. |
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