Terms and Conditions

ALL PHOTOGRAPHIC IMAGES ON THIS SITE ARE NOT ROYALTY FREE OR IN THE PUBLIC DOMAIN.

BY USING THIS SITE YOU agree to be bound by the 'website user agreement' below SIGNIFY YOUR AGREEMENT TO THE PRIVACY POLICY STATEMENT, LEGAL DISCLAIMERS AND NOTICES IN THEIR ENTIRETY AND YOU AGREE TO BE BOUND BY SAME. IF YOU DO NOT SO AGREE PLEASE DO NOT USE THIS SITE.

WEBSITE USER AGREEMENT
These terms of use constitute a legal agreement between you and Mark DeLong Photography, Inc. ("MDP"). If you do not agree to these terms, please do not use this site. This site is owned and operated by MDP. All of the contents featured or displayed on this site, including, but not limited to photographs, images, downloadable portfolios, graphics, moving images, text, sound, illustrations and software ("Content"), are owned by MDP and/or its content providers. All elements of this site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and all other laws protecting intellectual property rights including contract law pursuant to this agreement. No Content or portion thereof may be copied, reproduced, republished, uploaded, scanned, posted, transmitted, or distributed in any way, without MDP's prior written permission, except that you may view the Content on any single computer monitor for review purposes only, provided you keep intact, without change all copyright, trademark and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of MDP's copyright, trademark, and/or other proprietary rights. THE PHOTOGRAPHIC IMAGES ON THIS SITE ARE NOT ROYALTY-FREE. You agree to indemnify MDP and its affiliates against all losses, liabilities, expenses, costs or damages, including reasonable attorneys' fees incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorized use of the Content.

ALSO, PLEASE CAREFULLY READ THE MDP PRIVACY POLICY STATEMENT AND LEGAL DISCLAIMERS AND NOTICES, IN THEIR ENTIRETY, BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THE PRIVACY POLICY STATEMENT, LEGAL DISCLAIMERS AND NOTICES, AND THE TERMS OF USE. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY STATEMENT, TERMS OF USE, OR LEGAL DISCLAIMERS AND NOTICES, PLEASE DO NOT USE THIS SITE.

PRIVACY POLICY STATEMENT
Mark DeLong, Inc. ("MDP") and its web server, host, assigns and designees ("MDP") utilize some or all of the following practices in regard to any information that MDP is provided or obtains about users of this website.

YOU ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO MDP BY YOU MAY BE USED BY MDP FOR ANY PURPOSE, INCLUDING DISSEMINATION OR SALE OF SUCH INFORMATION TO THIRD PARTIES. IF YOU ACCESS ANOTHER NETWORK OR SITE THROUGH MDP, YOU MAY BE SUBJECT TO SUBSTANTIALLY DIFFERENT PRACTICES, INCLUDING PRACTICES THAT GOVERN YOUR PRIVATE EMAIL AND DISSEMINATION OF INFORMATION THAT MAY AFFECT YOUR PRIVACY. THE TRANSMISSION OF INFORMATION TO OR FROM THIS SITE MAY NOT BE SECURE.

YOUR FURTHER ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO MDP BY YOU BY ANY MEANS WHATSOEVER MAY BE USED BY MDP FOR THE PURPOSE OF MONITORING, POLICING AND PROSECUTING CLAIMS FOR ANY SUSPECTED OR ACTUAL VIOLATION OF MDP'S COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY KIND. MDP MAY SHARE THIS INFORMATION WITH LEGAL COUNSEL, INVESTIGATORS, OTHER AGENTS, OR THIRD PARTIES.

When you visit this site, MDP reserves the right to place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. MDP reserves the right to use cookies to examine your web-surfing behavior before or after leaving this website. If you do not agree with the terms of MDP's privacy policy statement, please do not use this site.

If you have any questions or comments concerning the above privacy policy statement, please contact [email protected] No modifications or changes to the privacy policy will be valid unless consented to in a writing signed by MDP.

LEGAL DISCLAIMERS AND NOTICES
DISCLAIMER : THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND MARK DELONG PHOTOGRAPHY, INC. AND ITS ASSIGNS AND DESIGNEES ("MDP") EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MDP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN THIS WEBSITE WILL BE UNINTERPRETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER MAKES IT AVAILABLE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MDP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MDP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY OR MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LIMITATION OF LIABILITY : Under no circumstances, including, but not limited to negligence, shall MDP be liable for any special or consequential damages that result from the use of, or the inability to use, the Content in this site, or the site, even if MDP or MDP's authorized representative have been advised of the possibility of such damages. Applicable law may or may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall MDP's total liability to you for all damages, losses, liabilities of any kind, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER : This agreement and all matters arising out of or relating to this agreement including but not limited to the use of this site and/or any Content, shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without giving effect to any principals of conflicts of law. You agree to personal jurisdiction by the Federal and State Courts located in Davidson County, Tennessee, United States of America. You further agree not to assert or interpose any counterclaims in any proceeding brought against you relating to this agreement. If any provision of this agreement and/or the terms of use of this site shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in a writing, signed by MDP

MDP reserves the right to change the Privacy Policy Statement, Terms of Use, Legal Disclaimers and Notices, and all other matters related to this site, including the information and any contractual license terms that may be featured on this site, without notice.