WEB SITE USE
TERMS AND CONDITIONS

Designs by Peach reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Provider’s Web Site shall be subject to the current terms and conditions as published on this website.

General Terms of Use
By accessing this Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to this Web Site shall be governed by applicable local laws. The materials contained in this Web Site are protected by applicable copyright and trade mark laws.

Internet Etiquette
Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Designs by Peach or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.

No Endorsement of Third Party Content
Designs by Peach Web Site contains links to and frames of sites that are not maintained by Designs by Peach. Designs by Peach is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in this Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.

Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON Designs by Peach WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH DESIGNS BY PEACH WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Designs by Peach or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Designs by Peach Web Site, even if Designs by Peach has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Designs by Peach or its service providers, affiliates, associates, subsidiaries or partners and Designs by Peach makes no representations or warranties regarding that information or those opinions. Neither Designs by Peach or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

Limited License
Designs by Peach hereby grants you a limited license to view on your computer, print, download and use any content made available on Designs by Peach Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes, or for purpose of directing interested parties only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. Permission to link to Designs by Peach is hereby granted. No other use is permitted.

Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Designs by Peach or any other party who owns or has proprietary rights to the content, information and materials provided on Designs by Peach’s Web Site.

Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Designs by Peach or by other parties that have licensed their material to Designs by Peach. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Designs by Peach may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited unless permission is obtained through email request from Designs by Peach.

If you have reason to believe that material on this web site infringes on any copyright which you own or control please visit our Copyright Infringement Claim.

Changes and Improvements
Designs by Peach may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Designs by Peach Web Site, including the terms and conditions of your use of this Web Site, without liability.

Jurisdictional Issues
Due to the nature of the Internet, it is not possible for Designs by Peach to restrict access to its web site only to those jurisdictions in which it does business. Some or all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Designs by Peach. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

Designs by Peach offers services in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Designs by Peach intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained in Designs by Peach's web site are presented solely for the purpose of offering photography services in the United States and more specifically Arizona, though other considerations may apply according to local laws. This site is controlled and operated by Designs by Peach from its offices in the United States. Designs by Peach makes no representation that any of the materials contained in Designs by Peach's web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of the United States and the parties hereby attorn to the jurisdiction of the courts of the United States. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Privacy
Designs by Peach appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site for the purpose to sell or share with any other entity. However, certain information is recorded as a matter of course by Provider’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service provider.

Collecting this information allows Designs by Peach to optimize the visitor’s web site experience. E‑mail addresses and other personally identifiable data about visitors to this site are known to Designs by Peach only if and when voluntarily submitted by the visitor. All personal information collected by Designs by Peach is retained by Designs by Peach and not sold or otherwise provided to third parties. Designs by Peach sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Designs by Peach with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.

Many of Designs by Peach web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable Designs by Peach to relate a visitor’s use of Designs by Peach’s site to information that the visitor has specifically and knowingly provided, Designs by Peach does not do so for any sites specifically designed for and aimed at children. Designs by Peach believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.

Submissions
By posting/sending a message in the bulletin board/e‑mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Designs by Peach will note attempt to post any messages with the names of clients in any regard on message or bulletin boards however there may be photo related comments posted on this web site. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Designs by Peach. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Designs by Peach. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.

In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Designs by Peach’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Designs by Peach reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful AND WILL NOT SUPPORT CRUELTY OF ANY KIND.

Any information provided to Designs by Peach shall be provided by the submitter and received by Designs by Peach on a non‑confidential basis. Designs by Peach will only accept submissions made by registered users of Designs by Peach. Designs by Peach shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Designs by Peach.
You agree to indemnify Designs by Peach and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.


Submissions by Users
You agree to grant to Designs by Peach a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Designs by Peach sites or which you provide by email or any other means to Designs by Peach and in any media now known or hereafter developed. Further, you grant to Designs by Peach the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Designs by Peach for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Designs by Peach.

In addition, when accepting services from Designs by Peach, you agree to allow Designs by Peach to publicly display and/or publish any and all designs and/or graphics and/or photographs to Designs by Peach Web Site with the agreement that Designs by Peach will be responsible for posting in a manner to be determined by Designs by Peach including any and all associates, i.e.: web designer, programmer photographer, editor or other associates, employees, and agents connected with Designs by Peach.