Website User Agreement

1.      This World Wide Website with its home page in the domain "www.aprilcurtin.com" (the "Website") is a complimentary information service offered by one or more domestic or international members of April Curtin Photography (hereinafter referred to as "April Curtin") and their respective divisions, affiliates, subsidiaries, partnerships and joint ventures. Affiliates and subsidiaries include any company owned 25% or more directly or indirectly by any combination of the following:  (i) April Curtin; (ii) any spouse of April Curtin; (iii) any descendent of April Curtin; (iv) any trust to the benefit of any of the foregoing; and/or (v) any company owned directly or indirectly 25% or more by any combination of the foregoing (collectively referred to herein as "Affiliates"). This complimentary information service is offered at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. April Curtin Photography and its Affiliates reserve the right to change these terms and conditions at any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.

2.      You acknowledge that the information on the Website is provided "as is" for general information only. April Curtin Photography and its Affiliates make no warranties or representations of any kind regarding this Website or the information in it, including but not limited to any warranty of accuracy, completeness, currency, reliability, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed. Any person or entity purchasing products or services from April Curtin or its Affiliates should thoroughly review all relevant Data as well as any other literature associated with the product or service before attempting to use the product or service. You agree that April Curtin’s Standard Terms and Conditions of Sale, that are available upon request, shall govern all purchases of products and services from April Curtin Photography.

3.      You agree that you will hold harmless April Curtin and its Affiliates and their shareholders, officers, directors, employees, successors and assigns from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will April Curtin Photography or its Affiliates or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. Consistent with the foregoing, you hereby release and agree to release April Curtin from any damages associated with such claims.

4.      You acknowledge those opinions and recommendations contained in this Website are not necessarily those of April Curtin or its Affiliates or endorsed by April Curtin or its Affiliates.

5.      April Curtin Photography or its Affiliates may provide links on the Website to other websites that are not under the control of April Curtin or its Affiliates. In general, any website which has an address (or URL) which does not contain "aprilcurtin.com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by April Curtin or its Affiliates of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. APRIL CURTIN DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER LINKED SITES, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL April Curtin BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OR USE, DATA, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE OR INABILITY TO USE, ACCURACY OR SUITABILITY OR PERFORMANCE OF THIS INFORMATION. OTHER TORTUOUS ACTION, ARISING OUT OF ACCESS TO, USE OF OR IN CONNECTION WITH THE USE,

6.      You may provide a hypertext link to this Website on another website, so long as each of the following conditions is satisfied: 

  1.       The link must be a text-only link clearly marked "April Curtin Photography" (or the name of the appropriate April Curtin Affiliate indicated as the operator of the site)

  2.       The link must "point" to the URL "http://www.aprilcurtin.com" and not to other pages within the Website, 

  3.       The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of April Curtin or its Affiliates, 

  4.       The appearance, position and other aspects of the link may not create the false appearance that an entity other than April Curtin or its Affiliates is associated with or sponsored by April Curtin or its Affiliates, 

  5.       The link, when activated by a user, must display this Website full-screen and not within a "frame" on the linked website, and 

  6.       April Curtin and its Affiliates each reserve the right to revoke consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by April Curtin.

7.      The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by April Curtin or its Affiliates, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, employed in compilations or derivative works, stored for subsequent use or otherwise used in whole or in part in any manner without April Curtin's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of April Curtin. Elements of the website are also protected by trade dress and other laws and may not be imitated in whole or in part on other websites.

8.      The marks including but not limited to April Curtin, are trademarks of April Curtin. These marks April Curtin and all uses thereof are the subject of registered and unregistered common law trademarks of April Curtin.

9.      This Website (excluding linked sites) is controlled by April Curtin, which are Limited Liability Companies organized under the laws of the State of Florida , United States of America . The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Website both you and April Curtin agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America (such as its copyright laws), in which case such U.S. federal law will apply. You and April Curtin also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Jacksonville County, Florida with respect to such matters. April Curtin makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

10.  April Curtin Websites collect the domain names of the visitors to our sites. This information includes the number of visits, time spent, pages viewed, etc. Our Web site pages may use "cookies" (data that a web site can send to your browser), which in turn are stored on your computer or computer system.

11.  We may collect personal information from visitors to our Websites on a voluntary basis only. Personal information can include name, title, company, address, phone number, e-mail address, product/shopping preferences, among other information. You are able to control what personal information, if any, you share with us. You are not required to tell us who you are or to reveal any information about yourself.

 

Thank you for your patience. 

We hope you find the April Curtin Website to be helpful and convenient to use!

Questions or comments regarding the April Curtin Websites should be directed by electronic mail to Webmaster@aprilcurtin.com

Copyright © 2002 April Curtin Products. All rights reserved. ®
Please address correspondence regarding this site to Webmaster@aprilcurtin.com.
Use of this Web site subject to agreement to the Website User Agreement.