THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND JAMIE PENNER PHOTOGRAPHY. PLEASE READ ALL OF THE FOLLOWING TERMS OF USE. BY USING THE JAMIE PENNER PHOTOGRAPHY WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT OUR WEB SITE .

1. Ownership of Our Web site

This Web site is owned and operated by Jamie Penner Photography. All of the photographs featured on our Web site were created by Jamie Penner or by photographers who have provided them to Jamie Penner Photography for worldwide sale and distribution or by photographers who have been commissed by Jamie Penner Photography. These images are protected by Canada, United States and international copyright law. All of the other content on our Web site, including without limitation, the graphics, design, and look and feel are owned by Jamie Penner Photography and are protected by Canada, United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection.

2. Your Use of Our Photographs

You can purchase the photographs featured on our Web site from Jamie Penner Photography in the form of photographic prints, or other photographic products (collectively, the "Products"). If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Jamie Penner Photography. Products are intended for your personal use only. You may not use or reproduce a Product in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Jamie Penner Photography's prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this Web site.

3. Disclaimers

THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND JAMIE PENNER PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Jamie Penner Photography is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk.

Jamie Penner Photography, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.

4. Indemnification and Termination Policy

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Jamie Penner Photography, or if you otherwise infringe any intellectual property rights relating to the photographs, Products or this web site, you agree to indemnify and hold Jamie Penner Photography, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach of this terms of this Agreement.

THE UNAUTHORIZED USE OF ANY PHOTOGRAPHS FROM THIS SITE OR FROM JAMIE PENNER PHOTOGRAPHY MAY RESULT IN A LICENSE-COMPLIANCE FEE OF UP TO $1,000 CAD PER IMAGE PHYSICALLY REPRODUCED WHETHER REPRODUCED IN A PUBLICATION (EACH COPY CONSISTING OF ONE (1) IMAGE), PRODUCED FOR DISTRIBUTION, OR PRODUCED FOR PERSONAL USE. UNAUTHORIZED USE OF ANY PHOTOGRAPHS FROM THIS SITE OR FROM JAMIE PENNER PHOTOGRAPHY BY WAY OF EMBEDDED WITHIN A WEB PAGE OR WEB BASED APPLICATION OR DOWNLOADED FOR SERVING WITHIN A WEB PAGE OR WEB BASED APPLICATION ON A REMOTE SERVER MAY RESULT IN A LICENSE-COMPLIANCE FEE OF UP TO $1,000 CAD PER IMAGE FOR EACH MONTH THAT THE IMAGE HAS BEEN IN USE AS DESCRIBED UP TO A MAXIMUM OF $24,000 CAD PER IMAGE.

Your privilege to access, use, and contribute to our services depends on your compliance with the following guidelines. We may revoke your privileges to use our service and take any other appropriate measures to enforce our guidelines if persistent violations are brought to our attention. Additional penalties for violations of the Terms of Use of this agreement may include, but are not limited to, providing information to authorities (for images of child pornography or child abuse) and civil penalties.

5. Other Terms

This Agreement shall be governed by the laws of the Province of British Columbia without giving effect to any principles of conflicts of law.

Jamie Penner Photography reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time.

These Terms of Use constitute the entire agreement between you and Jamie Penner Photography with respect to the use of this site and any Jamie Penner Photography services. Jamie Penner Photography's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.