Terms And Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT
YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.
Welcome to Tamara Lackey's Capturing Life Through (Better) Photography, provided by Lackey Ballard Productions. These Terms of Use and any
amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in
the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply
exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Product
Partners for products, services, or otherwise.
Product Information
For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions
about orders placed through the Site, please use the customer service link in the e-mail receipt you receive.
Order and Payment Information
If you use the Site to purchase a product, payment must be received by Lackey Ballard Productions prior to Lackey Ballard Productions' acceptance
of an order, unless otherwise agreed by Lackey Ballard Productions. Lackey Ballard Productions may need to verify information you provide before
Product Partners accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a
product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited,
Lackey Ballard Productions will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in
the same tender as the original purchase. Lackey Ballard Productions expressly conditions its acceptance of your order on your agreement to the Terms.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any
e-mail account you provide to Lackey Ballard Productions is registered to you. Lackey Ballard Productions shall have the right to bar your access to
and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to
Lackey Ballard Productions. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind
that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no
further writing is required.
All prices displayed on the Site are quoted in U.S. dollars. Lackey Ballard Productions will add shipping and handling fees and applicable sales/use
tax. Lackey Ballard Productions reserves the right without prior notice to discontinue or change specifications and prices on products offered on the
Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to,
products not owned by Lackey Ballard Productions on the Site do not imply endorsement of that product, or constitute a warranty, by Lackey Ballard Productions.
Shipping
Unless otherwise noted, Lackey Ballard Productions will use its best efforts to ship products within four weeks of the receipt of a properly completed
order. However, any delivery or shipment date provided by Lackey Ballard Productions to you is Lackey Ballard Productions' good-faith estimate. You
understand that product availability may be limited and particular products may not be available for immediate delivery. Lackey Ballard Productions
shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS,
AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT LACKEY BALLARD PRODUCTIONS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT
OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO LACKEY BALLARD PRODUCTIONS
FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, LACKEY BALLARD PRODUCTIONS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO
WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT
DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES LACKEY BALLARD PRODUCTIONS MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.
ALTHOUGH LACKEY BALLARD PRODUCTIONS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, PRODUCT PARTNERS DOES
NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, PRODUCT PARTNERS DOES NOT WARRANT
THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
LACKEY BALLARD PRODUCTIONS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms.
Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL LACKEY BALLARD
PRODUCTIONS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE
OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY
PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V)
ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF
LACKEY BALLARD PRODUCTIONS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LACKEY BALLARD PRODUCTIONS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LACKEY BALLARD PRODUCTIONS FOR ANY PRODUCTS SUPPLIED BY
LACKEY BALLARD PRODUCTIONS THROUGH YOUR USE OF THE SITE.
Lackey Ballard Productions will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the
occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The terms of this section survive any termination of the Terms.
Linked Sites
Lackey Ballard Productions makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this
Site. The linked sites are not under the control of Lackey Ballard Productions and Lackey Ballard Productions is not responsible for the
content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does
not imply affiliation, endorsement, or adoption by Lackey Ballard Productions of the site or any information contained therein. When leaving
the Site, you should be aware that Lackey Ballard Productions' Terms and policies no longer govern, and therefore you should review the applicable
terms and policies, including privacy and data-gathering practices, of that site.
User Conduct
In using this Site, you agree:
* Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
* Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
* Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
* Not to use, frame, or utilize framing techniques to enclose any Lackey Ballard Productions trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Lackey Ballard Productions' express written consent;
* Not to use meta tags or any other "hidden text" utilizing a Lackey Ballard Productions name, trademark, or product name without Lackey Ballard Productions' express written consent;
* Not to deeplink to this Site without Product Lackey Ballard Productions' express written consent;
* Not to create or use a false identity on this Site;
* Not to collect or store personal data about others;
* Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
* Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise
violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Lackey Ballard Productions. In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not
limited to United States export restrictions, that relate to your use of or activities on this Site.
Copyright Policy and Copyright Agent
It is Lackey Ballard Productions' policy to respect the copyright and
intellectual property rights of others. Lackey Ballard Productions may remove content that appears to infringe the copyright or other intellectual
property rights of others. In addition, Lackey Ballard Productions may terminate access by users who appear to infringe the copyright or other
intellectual property rights of others.
If you believe that Lackey Ballard Productions or any user of our Site has
infringed your copyright in any material way, please notify Lackey Ballard Productions, and provide the following information:
* A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
* An identification of the copyrighted work claimed to have been infringed;
* An identification of the material that you claim is infringing so that we may locate it on the Site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
* A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Indemnification
You agree to indemnify and hold harmless Lackey Ballard Productions, its parents, subsidiaries, officers, directors, employees, agents, and suppliers
from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use
of the Site, your violation of these Terms, or your violation of any rights of a third party.
The terms of this section survive any termination of the Terms.
SEC Disclosure
The information contained within press releases issued by Lackey Ballard
Productions should not be deemed accurate or current except as of the date the release was posted. Lackey Ballard Productions has no intention of
updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is
forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Changes to the Site
Lackey Ballard Productions may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site
or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any
parts of the Site, at any time without notice to you, and you agree that Lackey Ballard Productions shall not be liable therefor.
International Users
This Site is controlled, operated, and administered by Lackey Ballard Productions from its offices within the United States of America. Lackey
Ballard Productions makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United
States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the
Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United
States, you are responsible for compliance with all local laws.
General
The Terms constitute the entire agreement between Lackey Ballard Productions and you with respect to your use of the Site. Any cause of action you may
have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of
limitation to the contrary. Any failure by Lackey Ballard Productions to enforce or exercise any provision of the Terms or related right shall not
constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or
contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Lackey
Ballard Productions, and you do not have any authority to create any obligation or make any representation on Lackey Ballard Productions' behalf.
You may not assign this agreement, by operation of law or otherwise, without Lackey Ballard Productions' written consent. Subject to the foregoing, these
Terms will be binding on, inure to the benefit of, and be enforceable against you and Lackey Ballard Productions and their respective successors
and assigns.
The terms of this section survive any termination of the Terms.