This document is designed to constitute the terms of Service and is considered a legal agreement between the user of this website and Costello Photography. These terms of service will provide information regarding your access to our website and govern our products and our services that are provided by us or by any other website that is owned or controlled by Costello Photography. Depending on where you visit on our website you may be asked to accept additional guidelines, rules or additional terms of service - especially if you elect to pay through electronic means.
PLEASE READ THESE TERMS CAREFULLY - YOUR ACCESS OF OUR WEBSITE WILL MEAN YOU HAVE READ AND ACCEPTED ALL OF THE PROVISIONS IN THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO ACCEPT ALL OF THE TERMS OF OUR SERVICE YOU SHOULD NOT USE OUR WEBSITE.
Costello Photography reserves the right to modify these terms of service at any time as we deem appropriate. We may elect to email you when we make these changes - however it is your responsibility to review the terms of service section to verify whether we have made any changes to these terms of service. Your continued use of this site indicates that you have reviewed the most current terms of service and signifies your continued acceptance of those terms.
Who May use our website
Costello Photography limits use of our website only to non-minors. You certify if you are using this website that you are of legal age. Our website is for the convenience of our clients and for potential clients. We reserve the right to ban any user as well as limiting access to any internet provider if we believe that it is in the best interest of our site and/or our clients.
Use of Website
Any and all information that is contained on the Costello Photography website up to and including (but not limited to) data, software, text, music, sound, photographs, video, messages and any other information that might be contained in the website is the property of Costello Photography. If you use any message boards that might be/are contained on our website you agree that the information contained in those message boards is not posted by or endorsed by Costello Photography or any employee of Costello Photography. This disclaimer includes any/all links to third party websites that are not directly controlled by Costello Photography.
Costello Photography does not warrant nor do we guarantee the suitability, accuracy or quality of any content that we do not directly add to our website. Whether it is a message board, a third party link or other information that we do not control, you agree that you will be responsible for complying with any and all laws that might affect such content.
You agree by accepting our terms of service that you will not upload or post any information that infringes on trade secrets, copyrights, trademarks or patents. You further warrant that any information that has contractual or proprietary rights attached to it will not be transmitted to Costello Photography.
You understand that you will not use threatening or abusive language nor will you harass, intimidate, or invade the privacy of anyone who uses our website. You agree that any content you submit will not be considered indecent or pornographic, harmful to minors, vulgar, obscene or libelous or otherwise objectionable.
You agree that you will not provide to us any information that is protected under any laws including insider trading information, any information that might be considered proprietary or confidential or any information that falls under the regulations of non-disclosure agreements with third parties.
You understand that we do not authorize any communications or advertising that has the name Costello Photography attached to it that has not be previously approved by Costello Photography in writing
You agree to not provide any material that might contain a virus, computer code, or any type of information that could limit the functionality of our services, our software or hardware or any of these services for any of our clients. You agree that we have the right to ban you from accessing our services if we determine that you have used robots, spiders, scrapers or other automated services.
You understand that it is your responsibility on Costello Photography website (or other sites owned by us) that you will not intentionally or unintentionally violate any applicable laws including uploading/downloading material that is in violation of any laws.
You agree that you will not misrepresent yourself or your affiliation; you will not provide us false age material or impersonate any person when you are submitting messages, posts or other information through our website or any message systems we offer on our website.
Use of Material
Costello Photography may screen material prior to adding it to our website however we reserve the right to not do this. You understand that we have a right but not an obligation to do this screening and we also retain the right to remove (or not remove) any information that is contained on our website as long as it does not violate anyone else’s trademark, copyright or otherwise protected intellectual or other property rights. You agree to accept all risk that is associated with relying on the content of all material found on the Costello Photography website.
Material you send us
You agree that any material that you send to us authorizes us to make that information available as we deem appropriate including (but not limited to) posting on our website and/or storing when we do backups of our website.
You understand that our website offers certain security measures and that these components often result in digital materials to be protected from downloading or otherwise saving to your computer. You agree not to attempt to circumvent those security measures.
Third parties may provide various services to Costello Photography and that as a result we may provide links to their website links to their resources or other information that is out of our control. You agree that Costello Photography is not responsible for the content of any of these websites nor can we be held responsible for any outages, lack of resources or inaccurate information that might be contained on those sites. Costello Photography also offers no warranty as to the availability of products, services or content nor do we endorse or have any liability to endorse the validity or value of anything offered by these third party websites.
We reserve the right to modify, discontinue or suspend any or all of the services of our website for temporary purposes that we deem appropriate or we may discontinue it permanently at our discretion. We will not be liable to you or to any other party for any indemnification of any loss or possible loss you or a third party may incur as a result of modifications, suspensions of service or discontinuance of any service.
By accepting these terms of service you hereby acknowledge that you indemnify and hold harmless any officer, director, employee or agent of as well as Costello Photography against all claims, all damages, all obligations or losses, all liabilities, all costs or debts (including any legal fees) that might arise from your use of our service, from access to information you have provided us. This hold harmless clause extends to and includes any violation that you might perform including copyright violations, property violations or privacy rights that you violate using our service. You agree that any claim against any content that you provide to Costello Photography will have no adverse affect on Costello Photography, that you accept all liability that might be inherent to those submissions. This defense and indemnification clause is designed to survive not only these terms of service but also your use of any service that is provided by Costello Photography to you. We agree that we will provide to you any notification of claims, actions or demands and we may (but are not obligated to) at our sole discretion assist you at no expense to us in the defense or settlement of any such claim, action or demand.
License of Content
If you submit any content to Costello Photography for possible use on this website or any other website specifically owned or controlled by Costello Photography you agree that we are granted a non-exclusive, irrevocable use to that material. You agree that we may use the material royalty free and that we may reproduce the material, we may distribute, import, display publicly and we may modify such content as we deem appropriate. You also agree that we have the sole right to sublicense any or all of these rights at our discretion.
Unless specified otherwise in these terms of service all of the content and the photographs that are available on the Costello Photography website as well as the software, technology and other features offered in connection with the service we are providing including but not limited to copyrights, trademarks, etc., are the sole property of Costello Photography and/or their licensors. You agree that you will not copy, redistribute, and create alternate works from any of these works without the express written consent of Costello Photography. All rights not expressly granted to you in writing by Costello Photography are always retained by Costello Photography.
Notice for Claims of Intellectual Property Violations and Agent for Notice (DCMA NOTICES)
If you believe we are in violation of a copyright that you own we ask that you submit a copyright infringement notification to Costello Photography immediately in writing. Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Costello Photography' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
542 Gibson Avenue
Jenkintown Pennsylvania, 19046
By phone: 1-215-379-5200
By email: firstname.lastname@example.org
TERMS OF SERVICE MODIFIED ON: Jan 19, 2009