Terms and Conditions

Welcome to the SeaLifeInspiration.com website (the “Site”). SeaLifeInspiration.com provides the content and services available on the Site to you subject to the following terms and conditions (“Terms and Conditions”). Throughout these Terms and Conditions, the terms “we” and “our” will refer to SeaLife Inspiration Photography and Jamie Lee Peterson dba SeaLife Inspiration Photography, sole proprietorship. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy. These Terms and Conditions were last updated on August 31, 2016.

 

These Terms and Conditions of Use (the “Agreement”) are between you and SeaLife Inspiration Photography (the “Company”). In consideration of the right to access and use the website located at the Universal Resource Locator addresses http://www. SeaLifeInspiration.com (the “Site” or the “Website”), and to receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement.

This Agreement applies to the Services (as described below) currently offered by the Company and any Services that the Company may choose to offer in the future (unless stated otherwise).

The Website and the Services are available only to, and may only be used by individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from the site, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use this service only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms and Conditions.

 

YOUR USE OF THE WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.

 

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.

 

Privacy

 

We respect the privacy of this website’s visitors and customers and pledge not to sell, loan, rent, trade, or give away any personal information that you offer during your visit, when you join our email list, when you establish a Wish List, or when you make a purchase. Personal information provided by you will be used only for the services requested, such as processing an order or for contacting you in response to an order or other request you have made, except for the following circumstances:

(1) In the course of operating this website it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors, and select vendors so that we can operate this website and process orders. Where practical, we limit others' use or disclosure of the information you have shared.

(2) We may share specific information you provide in connection with your Wish List to those visitors who seek to purchase items you have added to the list.

(3) We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, or to defend against legal claims and if, in our judgment in such circumstances, disclosure is required or appropriate.

(4) We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and Conditions, or as otherwise required by law.

(5) We may receive a confirmation when you open an email from us. We use customer contact information to send you information about our company, new releases, and to inform you of sales and special offers. If, after receiving a non-order related email, you do not want to receive email or other mail from us, simply click on “Unsubscribe me from this list” at the bottom of any newsletter.

 

We may automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages you request. If your web browser preferences are set to reject all cookies, you may not be able to use some features of this website and you may not be able to take full advantage of all offerings. We use cookies for a number of purposes, including to: (1) keep track of preferences you specify while you are using this website, including making purchases and otherwise accessing your account and Wish List; (2) estimate and report our total visitor size and traffic; and (3) conduct research to improve the content and services we provide.

 

We do not, at present, collect any personally identifying information from children or from individuals who could be recognized as minors. If we do so in the future, we will comply with the requirements of the Children's Online Privacy Protection Act ("COPPA").

 

We may revise, modify, or update our privacy policy. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on this website.

 

We use cookies to store visitor preferences, record session information, such as products added to the shopping cart, and record historical activity at our site in order to provide you better service when you return to our site. The information that we collect is used to improve your shopping experience, notify you about updates to our site, or to contact you regarding promotions, new products or upcoming events. We do not make your email addresses available to other organizations for commercial purposes. If you do not want to receive emails from us in the future, click on my account to change your preferences. If you feel that the site is not following our stated privacy policy, please contact us via email or call 1-702-202-0262.

 

Registration and Security

 

In connection with your use of the Website, you may establish or otherwise receive from SeaLife Inspiration Photography user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Website.

 

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Info”) and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize SeaLife Inspiration Photography, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Info. SeaLife Inspiration Photography reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that SeaLife Inspiration Photography cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

 

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that SeaLife Inspiration Photography is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that SeaLife Inspiration Photography shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold SeaLife Inspiration Photography harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the website. SeaLife Inspiration Photography reserves the right to block access to the Website for any reason. You also agree to immediately notify SeaLife Inspiration Photography if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.

 

Our secure sockets layer (SSL) uses the latest industry-standard encryption technology to help protect your personal information (especially your name, address, and credit card number) from getting into the wrong hands, and to minimize the possibility that this information could be intercepted as it travels to our payment processing system. However, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your information, we make efforts to ensure security on our systems. We use physical, electronic, and procedural safeguards to protect personal information about you.

 

If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using this website, or by providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website. We may post a notice on this website if a security breach occurs. If this happens, you will need a web browser enabling you to view this website. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info(at)sealifeinspiration(dot)com.

 

 

Website Content

 

All of the content on this site, including the photographs, text, graphics, design, and this website’s look and feel are owned by Jamie Lee Peterson dba SeaLife Inspiration Photography, Sole Proprietorship, unless otherwise noted, and may not be used or reproduced without our prior written approval.

 

The Website presents information and content including, but not limited to, articles, opinions, text, data, commentary, advertisements, graphics, illustrations, calendars, designs, reviews, code, and photos, in addition to User Generated Content (as defined herein) (collectively, “Content”), that is owned or licensed by the Company, its subsidiaries and affiliates (together, “SeaLife Inspiration Photography”). The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and SeaLife Inspiration Photography. When used in these Terms and Conditions, “we”, “us” and “our” mean SeaLife Inspiration Photography.

 

The Content contained on this Website is for general information use only and has not been verified by SeaLife Inspiration Photography. SeaLife Inspiration Photography does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.

 

COLORS

 

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

Through the Website, you may be able to review Content (as defined herein), register for membership, purchase products, make donations, sign up for events, pay for goods and services (together, the “Services”). SeaLife Inspiration Photography reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, SeaLife Inspiration Photography reserves the right to permit or restrict access to any user in its sole discretion.

 

PHOTOGRAPHS AND OTHER PRODUCTS

 

All the photographs featured on this website were created by Jamie Lee Peterson and are the exclusive property of Jamie Lee Peterson dba SeaLife Inspiration Photography. Photographs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests. Any replacement of a Limited Edition print will not be issued until evidence of the damaged piece has been destroyed.

 

RESERVATION OF COPYRIGHT AND ALL RIGHTS

 

All rights to all the images on this website are reserved by Jamie Lee Peterson dba SeaLife Inspiration Photography and are protected by U.S. and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way except as noted below (See “Exception.”) without the prior written approval of Jamie Lee Peterson or its authorized representatives, who are listed below. (See “For Permission.”)

 

PURCHASE DOES NOT CONVEY COPYRIGHT

 

Your purchase of a print, original artwork, or other products from SeaLife Inspiration Photography is a purchase of an authorized physical copy (or copies) of a photograph, not of copyright in that photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by SeaLife Inspiration Photography, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of Jamie Lee Peterson, which may withhold its permission or limit any license granting permission for further use in its sole and unfettered discretion.

This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.

 

This means: You may not use any images from SeaLife Inspiration Photography, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from Jamie Lee Peterson. Such prohibited uses include—but are not limited to—use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform (for example, Twitter, Facebook, and Instagram); on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications (except as noted below, see “Exception”); in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph, does not exempt you from these restrictions, and is not permitted without prior written approval.

 

If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission as noted below. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.

 

Trademarks

 

SeaLife Inspiration Photography and third party trademarks and service marks may or may not be designated as such from time to time on the Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Site, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.

 

"Jamie Lee Peterson," "SeaLife Inspiration Photography," "Jamie Lee Peterson dba SeaLife Inspiration Photography," and their respective logos are trademarks of and owned by Jamie Lee Peterson dba SeaLife Inspiration Photography. Nothing contained in this website shall be construed as granting any license or right to use any of these trademarks without the prior written approval of Jamie Lee Peterson except as noted below (See 'Exception.")

 

Services

 

The Company’s products displayed on the Site may also be available in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and the Company makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars and represent manufacturer’s suggested resale prices for the United States.

 

Vouchers and Gifts Certificates

 

SeaLife Inspiration Photography limits the use of one (1) voucher or gift certificate or promotion to each order placed on SeaLifeInspiration.com. Promotions cannot be combined.

 

Contests

 

By participating in any contest, drawing, or competition organized or sponsored by the Company (a “Contest”), you hereby grant the Company and its assignees, licensees, contractors and agents a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any submissions created or otherwise provided by you for any purpose the Company deems fit without additional compensation unless (and then only to the extent) prohibited by the rules of such Contest. By participating or voting in any Contest, you agree to release and hold harmless the Company and its licensees, partners, representatives, agents, successors, assigns, employees, officers and directors, and marketing and promotional partners harmless from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever which may occur in connection with, preparation or participation in such Contest, or acceptance of a prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy. The Company reserves the right, in its sole discretion and without notice to cancel, terminate, modify, extend or suspend any contest, drawing, or competition for any reason. By participating in a Contest, you agree to the Company’s collection and use of your personal information and acknowledge that you have read and accepted the Company’s Privacy Policy.

 

The Digital Millennium Copyright Act of 1998 (“DMCA”)

 

The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);

Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Site;

The name, address, telephone number, and email address of the complaining party;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and

A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to:

info@sealifeinspiration.com

 

We strongly suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

 

User Generated Content

 

The Company does not endorse and has no control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Site is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content. The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Website. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that SeaLife Inspiration Photography shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.

 

Certain portions of this Website may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions through the Website.

In the event a dispute arises between you and SeaLife Inspiration Photography or any third party, please e-mail the Company at help@sealifeinspiration.com and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

 

Ownership and Use of Content

 

You may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from SeaLife Inspiration Photography. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by SeaLife Inspiration Photography. All of the Content is owned or licensed by SeaLife Inspiration Photography and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of SeaLife Inspiration Photography. Please contact us at help@sealifeinspiration.com with any licensing inquiries. SeaLifeInspiration.com, SeaLife Inspiration Photography’s Logos, and all other trademarks appearing on this Site are trademarks of SeaLife Inspiration Photography or are licensed or used with permission of the owner by SeaLife Inspiration Photography. You agree not to display or use such trademarks without SeaLife Inspiration Photography’s prior written permission.

 

By providing your Profile Information and/or User Generated Content or engaging in any form of communication on or through the Website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any User Generated Content which you may provide. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Generated Content. By submitting User Generated Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign or license to the Company all rights, title and interest as set forth herein in and to such User Generated Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such User Generated Content.

 

You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Website or the Services or object to any Content, your sole remedy is to cease using them.

 

Advertisements and Third Party Content

 

From time to time, we may incorporate advertising, information, features and services provided by other users or third parties with whom we have contractual relationships (“Third Party Content”). Third Party Content, whether provided by us or not, does not imply any endorsement, approval, or verification by us of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation.  Please consult any relevant Terms and Conditions and Privacy Policy prior to use.

 

Limitation of Use

 

You agree that you will neither post User Content nor submit User Generated Content to Forums that: is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; violates the copyright, trademark or other intellectual property rights of any other person or the Company; is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person; imposes an unreasonable or disproportionately large load on the Website’s infrastructure; is for the purpose of spamming or for aggressively promoting goods or services without our prior authorization; is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;

contains any virus, Trojan horse, worm, time bomb, cancelbot, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or

is libelous or invasive of privacy or publicity rights or any other third party rights;

Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by the Company, the Website, or its users; or (iii) submit unwanted messages by e-mail or otherwise (“Spam”) or post User Generated Content that disparages or insults any user.

 

Site Transactions

 

Some of the Content and/or Products may be offered to you conditioned on entering into a financial transaction through the Website. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card number, expiration date and address), that any credit card transactions authorized by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction on or through the Website.

 

In the event (a) your credit card is not valid, (b) SeaLife Inspiration Photography determines, in its sole discretion that a transaction is unauthorized, (c) your credit card cannot be processed at the time of any charge or renewal charge, as the case may be, or (d) any charge is disputed for any reason other than failure by SeaLife Inspiration Photography to deliver the Product and/or services purchased by you, SeaLife Inspiration Photography reserves the right to immediately terminate any pending transactions, suspend your access to the Website and Products, thereby terminating this Agreement and all of the Company’s obligations hereunder, and, in addition, to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorize by entering into any transaction through the Website. In the event of a subscription service, the credit card on file for your account will be billed automatically either on a month to month or yearly basis depending on the original Agreement between you and the Company. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any credit or payment card company shall be invalid unless (1) you notify SeaLife Inspiration Photography within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (2) that you have made reasonable, good faith efforts to resolve such dispute with SeaLife Inspiration Photography directly, and such efforts have failed.

 

Prices and Payments

 

You agree pay all charges or fees applicable to your account, including taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. The Company reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website or Products and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

 

 

Availability

 

Not all of the products and Services offered through the Website are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product or receiving any Service made available through the Website at any time, without notice. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject SeaLife Inspiration Photography or its affiliates to any registration requirement within such jurisdiction or country.

 

Minors

 

SeaLife Inspiration Photography does not knowingly gather or solicit data from anyone under the age of 13 through the Website for marketing purposes. Please see our Privacy Policy for additional information.

 

INTERNATIONAL VISITORS

 

We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States, you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.

 

NOTE ON DELIVERY TO NON - US ADDRESSES

 

The products ordered by you will be delivered to you at the address provided by you on check-out using the method of shipping designated by you. Delivery charges listed on the Website cover freight only. Your purchase may also be subject to the taxes, customs and export fees of the jurisdiction in which the products are received. You acknowledge that it is your sole responsibility to comply with and abide by those laws and regulations, and that you are solely responsible for such fees.

 

Disclaimer:

 

No Warranty

 

THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

 

Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.

 

No Liability

 

PLEASE BE ADVISED: SEALIFE INSPIRATION PHOTOGRAPHY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE SAFTEY OF THE LOCATIONS AND METHODS OF SECURING OF PICTURE FRAMES, FURNITURE, AND DECOR DEPICTED IN PHOTOGRAPHS FEATURED ON SEALIFE INSPIRATION PHOTOGRAPHY’S WEBSITE AND IN OTHER MARKETING MATERIALS.  YOU SHOULD ALWAYS EXERCISE APPROPRIATE CARE TO ENSURE THAT YOU HANG OR PLACE PICTURE FRAMES IN A SAFE LOCATION, USING AN EFFECTIVE METHOD TO HANG THE FRAME SECURELY. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT SAFTEY OR THE BEST METHOD OF HANGING A PICTURE FRAME, ASSEMBLING FURNITURE, OR THE SAFTEY OF DECOR, YOU SHOULD CONSULT A PROFESSIONAL. 

 

THE PRODUCTS AND INTERIOR DESIGNS FEATURED ON OUR BLOG ARE FOR YOUR VIEWING ENJOYMENT AND INSPIRATION. PLEASE BE ADVISED, SEALIFE INSPIRATION PHOTOGRAPHY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT ANY FEATURED PRODUCT OR DESIGN IS SAFE FOR CHILDREN, TODDLERS OR INFANTS. PARENTS AND RESPONSIBLE ADULTS SHOULD ALWAYS EXERCISE DUE CARE AND PRECAUTIONS FOR SAFETY WHEN SELECTING PRODUCTS OR INSTALLING DESIGNS INTENDED FOR USE BY CHILDREN, TODDLERS OR INFANTS.

 

IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD SEALIFE INSPIRATION PHOTOGRAPHY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, EMAIL, FORUMS, THE SERVICES OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SEALIFE INSPIRATION PHOTOGRAPHY SHALL NOT BE LIABLE EVEN IF SEALIFE INSPIRATION PHOTOGRAPHY OR AN AUTHORIZED REPRESENTATIVE OF SEALIFE INSPIRATION PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF SEALIFE INSPIRATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITE OR THE SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO SEALIFE INSPIRATION PHOTOGRAPHY IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

 

Neither we nor our representatives shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.

 

Indemnification

 

(a) You agree to indemnify, defend and hold harmless SeaLife Inspiration Photography, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Company successors, assigns and licensees. (b) The Services, the Websites and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website and any related products. You shall indemnify and hold harmless the Company, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the Website and any related products. (c) You covenant to cooperate fully in the defense of any claim.

 

Terms and Termination

 

The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. The Company, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and/or the Services in its sole discretion. Without limiting the foregoing, the Company has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that the Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website and/or use the Services. Without limiting any other rights, you understand and acknowledge that the Company, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach these Terms and Conditions.

 

Changes

 

The Content on this website and these Terms and Conditions are subject to change and updating by SeaLife Inspiration Photography and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

 

Applicable Law; Jurisdiction

 

Persons who access this Website do so at their own initiative, and are responsible for compliance with applicable local laws and regulations. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be filed only in the state of federal courts located in Clark County Nevada and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

 

General

 

These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.

If you have a concern regarding our privacy policy or other Terms and Conditions, you may contact us at info(at)sealifeinspiration(dot)com:
 

FOR PERMISSION

 

Permission to use an image in any manner other than as description under “Exception,” above, should be sent to info(at)sealifeinspiration(dot)com.