Terms & Conditions
Agreement between User and noahobrienphotography.com
Welcome to noahobrienphotography.com . The noahobrienphotography.com website (the "Site") is comprised of various web
by OBrien Photography (" OBrien "). noahobrienphotography.com is offered to you conditioned on your acceptance without
the terms, conditions, and notices contained herein (the "Terms"). Your use of noahobrienphotography.com constitutes your agre
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
noahobrienphotography.com is an E-Commerce Site.
Photographs for sale and bookings
Privacy
Your use of noahobrienphotography.com is subject to Brien 's Privacy Policy. Please review our Privacy Policy, which also go
and informs users of our data collection practices.
Electronic Communications
Visiting noahobrienphotography.com or sending emails to OBrien constitutes electronic communications. You consent to receive
communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronica
and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that OBrien is not responsible for third party access to your account that
results from theft or misappropriation of your account. OBrien and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
OBrien does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18,
you may use noahobrienphotography.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations for bookings must be made 24 hrs in advance for refunds on all deposits of services. Please contact us at
noahobrienphotography@gmail.com with any questions
Links to Third Party Sites/Third Party Services
noahobrienphotography.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Brien and
OBrien is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. OBrien
is providing these links to you only as a convenience, and the inclusion of any link does not imply
Certain services made available via noahobrienphotography.com are delivered by third party sites and organizations. By using any product,
service or functionality originating from the noahobrienphotography.com domain, you hereby acknowledge and consent that Brien may
share such information and data with any third party with whom Brien has a contractual relationship to provide the requested product, service
or functionality on behalf of noahobrienphotography.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use noahobrienphotography.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to OBrien that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere
with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the
Site, is the property of Brien or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of
the content, in whole or in part, found on the Site OBrien content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in anv content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of
Brien and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of OBrien or our licensors except as expressly authorized by these Terms.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER
Further, unless both you and Brien agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise
preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN_ OBRIEN PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME
OBRIEN PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY.
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALI
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. OBRIEN PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBRIEN PHOTOGRAPHY AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUI
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE
THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORI, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
OBRIEN PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
Termination/Access Restriction
Brien reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to
the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brien as a result of this agreement or
use of the Site. OBrien's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of OBrien's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by OBrien with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OBrien with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brien with
respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be
written in English.
Changes to Terms
OBrien reserves the right, in its sole discretion, to change the Terms under which noahobrienphotography.com is offered. The most current
version of the Terms will supersede all previous versions. Brien encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
OBrien welcomes your questions or comments regarding the Terms
OBrien Photography
1728 Wild Cherry Ln
New Phila . Ohio
44663-7107
Email Address:
noahobrienphotography
Telephone number:
3302038074
Effective as of April 17, 2022
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