Terms and Conditions of Use and Privacy Policy

The following Terms and Conditions of Use and Privacy Policy apply to all websites registered to photographer Kenneth Benjamin Reed. Further information is available from Kenneth Benjamin Reed.

 

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND (“PHOTOGRAPHER KENNETH BENJAMIN REED” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.

BY CLICKING ON ANY BUTTON (“SUBMIT FEEDBACK” “ACCEPT QUOTE” OR “PAY WITH PAYPAL”) THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE, LEAVE THIS WEBSITE NOW TO DECLINE THIS AGREEMENT AND DISCONTINUE ANY FURTHER USE OF THE SITE.

PRIVACY POLICY

Photographer Kenneth Benjamin Reed fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website.

In order to fulfill licensing transactions or provide service to you as a customer of photographer Kenneth Benjamin Reed, we may require you to provide certain information to us. Common items may include, but are not limited to your name, email address, phone number and credit card number.

By providing this information to photographer Kenneth Benjamin Reed, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to photographer Kenneth Benjamin Reed’s offices, subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country.

COMMON WEB REGISTRATION

When you provide any personal registration information on this website, you are automatically registered on all of photographer Kenneth Benjamin Reed websites. That is, your user name and password are carried across all of our websites and you can use that same name and password to sign in at any photographer Kenneth Benjamin Reed site. You will still have to enter billing information for a particular website in order to purchase from that website.

USE OF EMAIL

If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information pages. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside of photographer Kenneth Benjamin Reed, his subsidiaries, affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter — we will not send you information if you inform us you do not wish to receive such materials.

If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect please contact us.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by photographer Kenneth Benjamin Reed. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by photographer Kenneth Benjamin Reed, its licensors and its content providers.

All elements of photographer Kenneth Benjamin Reed websites, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement photographer Kenneth Benjamin Reed or one of its subsidiaries, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of photographer Kenneth Benjamin Reed or its licensors unless otherwise expressly agreed. You shall indemnify photographer Kenneth Benjamin Reed, his subsidiaries, his affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorized use of the content and related rights.

“Photographer Kenneth Benjamin Reed”, “Ben Reed Studios”, the Kenneth Benjamin Reed logo, the Ben Reed Studios logo, are trademarks of photographer Kenneth Benjamin Reed or his subsidiaries and may be registered in some countries.

USE OF COOKIES

When you visit a photographer Kenneth Benjamin Reed website, we may place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. We do not use cookies to examine your surfing behavior before or after leaving a photographer Kenneth Benjamin Reed website.

If at any time you believe that photographer Kenneth Benjamin Reed has not followed the above policy, or if you would like your information to be removed from our system, please fill in the online contact form and send it to us. We will make all reasonable efforts to identify and correct any problem.

DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND PHOTOGRAPHER KENNETH BENJAMIN REED EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.

Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither photographer Kenneth Benjamin Reed nor his directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages.

Photographer Kenneth Benjamin Reed uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.

There may be links to other websites from photographer Kenneth Benjamin Reed’s website; however, these other websites are not controlled by photographer Kenneth Benjamin Reed and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against photographer Kenneth Benjamin Reed regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

GOVERNING LAW AND VENUE

This Agreement shall be interpreted, construed and governed by the laws of the State of Oregon, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Oregon in Multnomah County or the Federal District Courts of Oregon (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, photographer Kenneth Benjamin Reed shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of photographer Kenneth Benjamin Reed, such action is necessary or desirable.

No action of photographer Kenneth Benjamin Reed, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information, and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between photographer Kenneth Benjamin Reed and you relating to your use of this website and any images hosted herein.