Please read these terms and conditions of use carefully. By accessing or using this website, you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use this website. These terms and conditions of use ("Site Terms") apply to your using this particular website, www.agj-photography.com (the "Site"), and do not alter in any way the terms or conditions of any other agreement, you may have with the owner (as specified hereafter) of the Site. By using the Site, you represent and warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity whatsoever, you further represent and warrant that you are authorised to accept the Site Terms on such entity's behalf and that such entity agrees to indemnify the owner of the Site for violations of these Site Terms.
Ownership of the Site and its Content
Ownership of the Site and its Content This Site is property to and owned by Mr. Alfons G. Jacob, Photographer ("Alfons G. Jacob"). It may also be referred to as "AGJ's Photography". Unless otherwise indicated, all of the content feattured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Content"), is property to and solely owned by Alfons G. Jacob. Particularly all photographic images displayed on this Site are created solely by Alfons G. Jacob, Photographer, and copyrighted to the sole benefit of the Photographer. All elements of the Site, including its Content, are strictly protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
The Site and its Content is intended for interested members of the common public to view Alfons G. Jacob's photographic artwork and for potentially interested customers to purchase photographs contained in the various Galleries of the Site, AGJ's Photography ("Intended Purpose"). You may not use the Site or its Content for any purpose other than the Intended Purpose, as defined above. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any part or all of the Site or its Content or parts thereof without, or in violation of, a written license or agreement with Alfons G. Jacob; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or its Content by using framing or similar navigational technology; and (d) using the Site or its Content other than for its Intended Purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations including, without limitation, those relating to the Internet, data, E-Mail, privacy, and the transmission of technical data exported from the country of origin of the Site and the country in which you reside.
AGJ's Photography and the logo AGJ's Photography, and any other product or service name or slogan whatsoever, contained in the Site are trademarks of Alfons G. Jacob and may not be copied, imitated or used, in whole or part, without prior written consent of Alfons G. Jacob. You may not use metatags or the content of metadata files partially or in whole or any other "hidden text" utilising AGJ's Photography, the logo AGJ's Photography or any other name, trademark or product or service name of the Site and its Content without Alfons G. Jacob’s prior written consent. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, constitutes the service mark, trademark and/or trade dress of the Site, AGJ's Photography and may not be copied, imitated or used, in whole or part, without Alfons G. Jacob’s prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in and displayed on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Alfons G. Jacob.
You may not use any trademark, logo or other proprietary graphic of the Site and its Content to link to this Site without express written consent of Alfons G. Jacob. Further, you may not frame any AGJ's Photography trademark, logo or other proprietary information, including the Site and its Content, without Alfons G. Jacob's express written consent. Alfons G. Jacob makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to this Site. Such sites are not under the control of Alfons G. Jacob and Alfons G. Jacob is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AGJ's Photography provides these links to you only as a courtesy, and the inclusion of any link does not imply affiliation, endorsement or adoption by AGJ's Photography of any site or any information contained therein. When you leave this Site, you should be aware that Alfons G. Jacob's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. Your participation, correspondence or business dealings with any third party found on or through this Site, regarding the payment and delivery of related goods or services, even if directly or indirectly related to this Site and its Content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Alfons G. Jacob shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
This Site and its Content are provided "as is" and Alfons G. Jacob excludes, 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 any particular purpose. Alfons G. Jacob will not be liable for any damages of any kind arising from the use of this Site or its Content, or the unavailability of the same, including, but not limited to, lost profits, direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of the Site are not warranted to be uninterrupted or without error. You, not Alfons G. Jacob, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or its Content. Alfons G. Jacob explicitly does not warrant that the Site or its Content is free from infection by viruses or anything else that has contaminating or destructive properties. Alfons G. Jacob uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site and its Content, but at the same time Alfons G. Jacob makes no representations or warranties as to the accuracy, correctness or reliability of the Site and its Content.
Limitation of Liability
In no event shall Alfons G. Jacob be liable for any direct, special, indirect or consequential damages, or other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract or tort (including, but not limited to, marginal negligence, whether active, passive or imputed) and arising out of or in any way connected with the use of this Site, the services, its Content or the materials contained in or accessed through this Site. This also irrevocably applies, without limitation, to any damages caused by or resulting from your reliance on any information obtained from AGJ's Photography, or damages that result from mistakes, omissions, interruptions, deletion of files or E-Mails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to records, programs or services of AGJ's Photography. The limitation of liability is also extended to product liability, strict liability or liabilities resulting from the infringement of third parties’ intellectual property rights whatsoever and other theory, caused by an act of negligence.
Applicable Law and Venue
If no other agreement has been expressively concluded these Site Terms are subject to Austrian law, with the exception of the UN Sales Convention and the conflict of law rules of Austrian private international law. Any dispute relating in any way to your using the Site or its Content shall to the extent permitted by applicable law, be submitted to the relevant Austrian court, except that, you have in any manner violated or threatened to violate Alfons G. Jacob's intellectual property rights, Alfons G. Jacob may seek injunctive or other appropriate relief with the court responsible for settlement of matters relating to intellectual property rights and unfair business practices for the first municipal district of the city of Vienna, Austria. You consent to exclusive jurisdiction and venue in such courts as described above.
Notwithstanding any of these Site Terms, Alfons G. Jacob reserves the right, without notice and in his sole discretion, to block your use of the Site.
Any waiver of any provision of the Site Terms will become effective subject to Alfons G. Jacob’s written consent. If any clause in the Site Terms is found to be unenforceable, this will neither affect any other clause nor the remaining parts of the clause concerned; and they will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Alfons G. Jacob reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of this Site, at any time and in his sole discretion. When Alfons G. Jacob makes changes, the "last updated" date at the end of the Site Terms will be revised. Any changes will be effective immediately upon posting on this Site. Your continued use of this Site following the posting of changes will constitute your acceptance of such changes.
Alfons G. Jacob encourages you to review the Site Terms whenever you visit this Site.
Questions and Contact Information
Inquiries regarding this Site and its Content or the Site Terms may be directed to AGJ's Photography at firstname.lastname@example.org