TERMS AND CONDITIONS
TERMS AND CONDITIONS
("Website") is an Internet based portal owned and operated by Mcgee Photography , with its registered office at 12760 Standbridge Dr Riverview, FL 33579. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Snapdeal at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Mcgee Photography system by Mcgee Photography for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in USA. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Mcgee Photography through Your legal guardian in accordance with the applicable laws.
Mcgee Photography strives to provide You with the best prices possible on products and services.The pricing details for services from the Website are detailed under the Pricing.
You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card details. Mcgee Photography expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
Mcgee Photography shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Mcgee Photography with our acquiring bank from time.
Subject to compliance with the Terms and Conditions, Mcgee Photography grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms and Conditions; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Mcgee Photography . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Mcgee Photography disclaims all liabilities arising in relation to such offensive content on the Website.
You agree that You are solely responsible to Mcgee Photography and to any third party for any breach of Your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Mcgee Photography or its affiliates or its vendors may suffer) for any such breach.
You agree that Mcgee Photography may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
Except as expressly indicated to the contrary in any applicable Additional Terms, Mcgee Photography hereby grants You a non-exclusive, freely revocable (upon notice from Mcgee Photography ), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms and Conditions; You may not modify or alter product catalogues or any other materials available on the Website; You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Mcgee Photography .
You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
Mcgee Photography shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Mcgee Photography with our acquiring bank from time to time
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Mcgee Photography and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Mcgee Photography or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Mcgee Photography , the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mcgee Photography owns all intellectual property rights to and into the trademark "Mcgee Photography", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Mcgee Photography or thirty party owner of such Content.
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY MCGEE PHOTOGRAPHY ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MCGEE PHOTOGRAPHY MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCGEE PHOTOGRAPHY OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCGEE PHOTOGRAPHY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MCGEE PHOTOGRAPHY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
MCGEE PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. MCGEE PHOTOGRAPHY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT MCGEE PHOTOGRAPHY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. MCGEE PHOTOGRAPHY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, MCGEE PHOTOGRAPHY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND MCGEE PHOTOGRAPHY CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MCGEE PHOTOGRAPHY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MCGEE PHOTOGRAPHY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
MCGEE PHOTOGRAPHY SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
You agree to indemnify, defend and hold harmless Mcgee Photography including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mcgee Photography that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and Conditions. Further, You agree to hold Mcgee Photography harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to contrary, Mcgee Photography 's entire liability to You under this Terms and Conditions or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.
In no event shall Mcgee Photography , its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Mcgee Photography has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
You agree that Mcgee Photography may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Mcgee Photography determines that You have violated these Terms and Conditions or Additional Terms. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mcgee Photography , for which monetary damages would be inadequate, and You consent to Mcgee Photography obtaining any injunctive or equitable relief that Mcgee Photography deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mcgee Photography may have at law or in equity.
You agree that Mcgee Photography may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
If Mcgee Photography does take any legal action against You as a result of Your violation of these Terms and Conditions, Mcgee Photography will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Mcgee Photography .
The Terms and Conditions will continue to apply until terminated by either You or Mcgee Photography as set forth below. If You want to terminate Your agreement with Mcgee Photography , You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Mcgee Photography has made this option available to You.
Mcgee Photography may, at any time, with or without notice, terminate the Terms and Conditions (or portion thereof, such as any individual Additional Terms) with You if:
Mcgee Photography may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in Mcgee Photography sole discretion and that Mcgee Photography shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
Notwithstanding the foregoing, these Terms and Conditions will survive indefinitely unless and until Mcgee Photography chooses to terminate them.
If You or Mcgee Photography terminates Your use of the Website, Mcgee Photography may delete any content or other materials relating to Your use of the Website and Mcgee Photography will have no liability to You or any third party for doing so.
13. Report Abuse
In the event You come across any abuse or violation of these Terms and Conditions or if You become aware of any objectionable content on the Website, please report to Mcgee Photography customer support
Notice: All notices of Mcgee Photography will be served by email or by general notification on the Website. Any notice provided to Mcgee Photography pursuant to the Terms and Conditions should be sent to Mcgee Photography customer support
Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. Mcgee Photography rights under the Terms and Conditions are freely transferable by Mcgee Photography to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
Waiver: Any failure by Mcgee Photography to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by Mcgee Photography of that provision or right.
16. Governing Law
This Agreement shall he governed in all respects by the laws of the state of Florida and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Florida.
Any feedback You provide to this Website shall be deemed to be non-confidential. Mcgee Photography shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Mcgee Photography is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Mcgee Photography may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Mcgee Photography for the feedback under any circumstances.
If you cancel the appointment, you can do so without penalty upto 2 weeks before the reserved time slot. After this period, the refundable deposit will be converted as non-refundable.