PLANR PHOTOGRAPHY WEB SITE

TERMS OF USE AGREEMENT

Acknowledgement of Terms. This Terms of Use Agreement (Agreement) is a legally binding agreement between you and Eric Bartel (The Planr) regarding the use of the Planr Photography Web Site (Web Site) and the information (Content) obtained through this Web Site. By accessing this Web Site you agree that you have read and understand this Agreement, and agree to all of the terms and conditions in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not further access this Web Site or its Content. The Web Site is intended only for persons who are of legal age to form legally binding contracts under applicable state law. The Web Site is not intended for individuals age 13 or under.

Agreement Amendment. The Planr may modify this Agreement at any time by posting modifications to this Web Site in the form of a new Terms of Use Agreement. Your continued access to the Web Site after such modifications are made shall signify your agreement to such modifications. We encourage you to periodically review the posted Agreement. You may at any time print, download and/or store a copy of this Agreement. If you experience any difficulty in printing, downloading or storing this Agreement, please contact us at ebartel@planrphotography.com.

Content. The photographs, graphics, text, visual design and layout displayed on the Web Site (Content) are owned by The Planr. The Planr expressly retains all right, title and interest in and to the Content and the related intellectual property rights. You may not copy, modify, post, republish or distribute any Content except with the prior written consent of The Planr in each instance. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.

Availability of Limited Licenses for Photographs. The Planr offers limited licenses to copy and use many of the photographs displayed on the Web Site or otherwise made available from Planr Photography. If you purchase a printed photograph, you may display it wherever and however you choose, and may resell the single printed copy you purchased to a third party if you so desire, as long as you accurately identify The Planr as the photographer, if asked. You may not copy or alter the printed photograph in any way. If you purchase a photograph in electronic format from The Planr, you are purchasing a perpetual, limited, non-exclusive license to copy, display and use the photograph for your personal purposes, or in your business (for example, in marketing materials or on your web site for your products or services). You may not alter the photograph, resell the photograph, misrepresent the origin of photograph, or use the photograph to compete with The Planr in The Planr's photography business. The Planr at all times retains ownership of (all right, title and interest in and to) the photographs and other Content, subject only to license granted in this section. The license granted in this section is contingent upon your payment to The Planr of the applicable fees.

The Planr and its logos are trademarks or service marks of The Planr. No display or use of such marks may be made without the express written permission of The Planr.

Fees. All fees quoted on this Web Site are subject to change without notice at any time.

Modifications to Web Site and Content. You acknowledge and agree that The Planr may change, modify, amend, suspend or discontinue any aspect of the Web Site or Content at any time, without notice and without liability to any you or any third party.

Links to Other Web Sites. The Web Site may provide links to the web sites or services of others third-party sites. Links to such third-party sites do not constitute any endorsement by The Planr of such third-party sites, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that The Planr and its Affiliates are not responsible for any damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

Disclaimer of Warranties. THE WEB SITE AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.

Limitation of Liability: IN NO EVENT SHALL THE PLANR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS OR DAMAGES HOWSOEVER ARISING RELATED TO THIS WEB SITE OR CONTENT MADE AVAILABLE ON OR THROUGH THIS WEB SITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF FEES PAID BY YOU FOR PHOTOGRAPHS PURCHASED FROM THE PLANR.
YOUR SOLE REMEDY AGAINST THE PLANR FOR ANY CLAIM IN CONNECTION WITH THIS WEB SITE IS TO DISCONTINUE USING THIS WEB SITE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices. Any notice to The Planr regarding the Web Site or Content should be directed to ebartel@planrphotography.com or personally delivered or mailed by certified or other receipted mail service to Eric Bartel, 37 Cobb Avenue, Pittsburgh PA 15205. Any notice to you shall be given by both e-mail and by postal delivery using the addresses given by you during registration. Notice shall be deemed given within three (3) days after the date of the postal mailing.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Choice of Law: This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the Commonwealth of Pennsylvania.

Waiver. The failure of The Planr to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Survival. The provisions of this Agreement which by their nature would continue beyond termination or expiration of this Agreement shall survive termination or expiration.