TERMS OF USE & DISCLAIMERS Home Fashion, Fine Art, Sports, Head Shots, Portraits, Weddings, Senior Portraits, Advertising, TFP The Timeless Images of SoCal Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Timeless Images of SoCal Web Site constitutes your agreement to all such terms, conditions, and notices. The Timeless Images of SoCal Web Site may also contain additional terms that govern particular features (for example, chat areas) ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Timeless Images of SoCal Web Site, then these terms shall control. PRIVACY AND PROTECTION OF PERSONAL INFORMATION The Timeless Images of SoCal Web site is operated by ER Vigil. This Privacy Statement applies to the collection of information through the Timeless Images of SoCal Web site. It does not apply to other online or offline sites, or services, or any other related sites operated by Timeless Images of SoCal or other publishers. By using the Timeless Images of SoCal Web site you consent to the data practices described in this Statement. MODIFICATION OF THESE TERMS OF USE Timeless Images of SoCal reserves the right to change the terms, conditions, and notices under which the Timeless Images of SoCal Web Site is offered, including but not limited to the charges, if any, associated with the use of the Timeless Images of SoCal Web Site. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledges your agreement. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Timeless Images of SoCal Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the Timeless Images of SoCal Web Site. LINKS TO THIRD PARTY SITES The Timeless Images of SoCal Web Site may contain links to other Web Sites ("Links & Disclaimers"). The Linked Sites are not under the control of Timeless Images of SoCal and Timeless Images of SoCal 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. Timeless Images of SoCal is not responsible for webcasting or any other form of transmission received from any Linked Site. Timeless Images of SoCal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Timeless Images of SoCal of the site or any association with its operators. Any dealings with third parties (including advertisers) included within or available via a link from the Timeless Images of SoCal Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Timeless Images of SoCal shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Timeless Images of SoCal Web Site, you warrant to Timeless Images of SoCal that you will not use the Timeless Images of SoCal Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Timeless Images of SoCal Web Site in any manner which could damage, disable, overburden, or impair the Timeless Images of SoCal Web Site or interfere with any other party's use and enjoyment of the Timeless Images of SoCal Web 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 Timeless Images of SoCal Web Site. USE OF COMMUNICATION SERVICES The Timeless Images of SoCal Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes. Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Use any material or information, including images or photographs, which is made available through the Timless Images of SoCal Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Timeless Images of SoCal has no obligation to monitor the Communication Services. However, Timeless Images of SoCal reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Timeless Images of SoCal reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Timeless Images of SoCal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Timeless Images of SoCal sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Timeless Images of SoCal does not control or endorse the content, messages or information found in any Communication Service and, therefore, Timeless Images of SoCal specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Eric Vigil Photography spokespersons, and their views do not necessarily reflect those of Eric Vigil Photography. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO Timeless Images of SoCal OR POSTED AT ANY Timeless Images of SoCal WEB SITE Timeless Images of SoCal does not claim ownership of the materials you provide to Timeless Images of SoCal (including feedback and suggestions) or post, upload, input or submit to any Timeless Images of SoCal Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Timeless Images of SoCal permission to use your Submission in connection with the operation of Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Timeless Images of SoCal is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Timeless Images of SoCal sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. LIABILITY DISCLAIMER THE INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Timeless Images of SoCal WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Timeless Images of SoCal AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Timeless Images of SoCal WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Timeless Images of SoCal WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Timeless Images of SoCal AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Timeless Images of SoCal WEB SITE FOR ANY PURPOSE. YOU SPECIFICALLY AGREE THAT Timeless Images of SoCal SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Timeless Images of SoCal WEB SITE. YOU SPECIFICALLY AGREE THAT Timeless Images of SoCal IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Timeless Images of SoCal IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE Timeless Images of SoCal WEB SITE BY ANY THIRD PARTY. IN NO EVENT SHALL Timeless Images of SoCal 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 OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Timeless Images of SoCal WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Timeless Images of SoCal WEB 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 Timeless Images of SoCal WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Timeless Images of SoCal WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Timeless Images of SoCal 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 Timeless Images of SoCal WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Timeless Images of SoCal WEB SITE. TERMINATION/ACCESS RESTRICTION Timeless Images of SoCal reserves the right, in its sole discretion, to terminate your access to any or all Timeless Images of SoCal Web Site and the related services or any portion thereof at any time, without notice. GENERAL Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A. in all disputes arising out of or relating to the use of the Timeless Images of SoCal Web Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Timeless Images of SoCal as a result of this agreement or use of the Timeless Images of SoCal Web Site. You agree to indemnify and hold Timeless Images of SoCal, officers and members, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Timeless Images of SoCal Web Site. Timeless Images of SoCal reserves the right to disclose any personal information about you or your use of the Timeless Images of SoCal Web Site, including its contents, without your prior permission if Timeless Images of SoCal has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Timeless Images of SoCal (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Timeless Images of SoCal performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Timeless Images of SoCal right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Timeless Images of SoCal Web Site or information provided to or gathered by Timeless Images of SoCal 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 Timeless Images of SoCal with respect to the Timeless Images of SoCal Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Timeless Images of SoCal with respect to the Timeless Images of SoCal Web 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. COPYRIGHT AND TRADEMARK NOTICES All contents of the Timeless Images of SoCal Web Site are: Copyright © 2007 Timeless Images Photography., Torrance, California U.S.A. All rights reserved. Other names are trademarks or service marks of their respective owners, should be treated as such, and may be registered in various jurisdictions. © Copyright 2007 ER Vigil. All rights reserved ~