Tom Murphy Photography provides its services to you subject to the following conditions. By utilizing the shop within this website, you accept these conditions. Therefore we recommend that you read them carefully.
Definition of the Tom Murphy Photography online store. Tom Murphy Photography is the provider of the Tom Murphy Photography Online eCommerce Store (the “Service”) that permits you to purchase products under certain terms and conditions as set forth in this Agreement.
Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Tom Murphy Photography and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Tom Murphy Photography may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Tom Murphy Photography may store and use the Registration Data you provide.
AGREEMENT TO PAY
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Tom Murphy Photography may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL ORDERS AND FOR PROVIDING TOM MURPHY PHOTOGRAPHY WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
When you visit Tom Murphy Photography or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tom Murphy Photography, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tom Murphy Photography, with copyright authorship for this collection by Tom Murphy Photography, and protected by U.S. and international copyright laws. The software application provider and author for “osCommerce”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.
Tom Murphy Photography trademarks and trade dress may not be used in connection with any product or service that is not Tom Murphy Photography, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tom Murphy Photography. All other trademarks not owned by Tom Murphy Photography or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tom Murphy Photography or its subsidiaries.
LICENSE AND SITE ACCESS
Tom Murphy Photography grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tom Murphy Photography. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tom Murphy Photography. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tom Murphy Photography and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tom Murphy Photography name or trademarks without the express written consent of Tom Murphy Photography. Any unauthorized use terminates the permission or license granted by Tom Murphy Photography. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tom Murphy Photography so long as the link does not portray Tom Murphy Photography, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tom Murphy Photography logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tom Murphy Photography reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tom Murphy Photography and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tom Murphy Photography and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Tom Murphy Photography or its associates for all claims resulting from content you supply. Tom Murphy Photography has the right but not the obligation to monitor and edit or remove any activity or content. Tom Murphy Photography takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Tom Murphy Photography are made pursuant to a shipment contract. This meaning that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Tom Murphy Photography and its associates attempt to be as accurate as possible. However, Tom Murphy Photography does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Tom Murphy Photography itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TOM MURPHY PHOTOGRAPHY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOM MURPHY PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TOM MURPHY PHOTOGRAPHY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TOM MURPHY PHOTOGRAPHY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOM MURPHY PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOM MURPHY PHOTOGRAPHY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TOM MURPHY PHOTOGRAPHY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOM MURPHY PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Tom Murphy Photography, you agree that the laws of the state of Montana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tom Murphy Photography or its associates.
Any dispute relating in any way to your visit to Tom Murphy Photography or to products you purchase through Tom Murphy Photography shall be submitted to confidential arbitration in Montana, except that, to the extent you have in any manner violated or threatened to violate Tom Murphy Photography intellectual property rights, Tom Murphy Photography may seek injunctive or other appropriate relief in any state or federal court in the state of Montana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Tom Murphy Photography. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.