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ClayPix.com 
TERMS AND CONDITIONS OF USE, LICENSING AGREEMENT, AND PRIVACY POLICY of Clay McLachlan photography WEBSITE 
http://www.claypix.com/ is a Clay McLachlan photography website. The following Terms and Conditions of Use, Licensing Agreement and Privacy Policy fully apply to ClayPix.com website.
*	TERMS AND CONDITIONS OF USE
*	LICENSING AGREEMENT
*	PRIVACY POLICY

TERMS AND CONDITIONS OF USE 
Your Agreement with Clay McLachlan photography 
Welcome to our website. Following are the terms and conditions that govern your use of this site. 
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ClayPix.com ("ClayPix.com", "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 THE BUTTON 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, DISCONTINUE USING THE SITE. 
If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site. 
Ownership of This Website 
This website is owned and operated by Clay McLachlan photography 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 Clay McLachlan photography, its licensors and its content providers. 
All elements of Clay McLachlan photography 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 with Clay McLachlan photography 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 Clay McLachlan photography or its licensors unless otherwise expressly agreed. You shall indemnify Clay McLachlan photography, its subsidiaries, its 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. 
"Clay McLachlan photography",  the Clay McLachlan photography logo, "ClayPix.com," and ClayPix.com logo are trademarks of Clay McLachlan photography and may be registered in some countries.

LICENSING AGREEMENT 
Clay McLachlan photography grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in good faith, use of the specific image is intended. 
Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. 
Clay McLachlan photography requests that a credit reading "©Photographer's Name/" appear adjacent to the images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges. 
Notwithstanding the License Grant above, you may not: 
Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Clay McLachlan photography; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Clay McLachlan photography in any manner; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

PRIVACY POLICY 
Clay McLachlan photography 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 Clay McLachlan photography, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. 
By providing this information to Clay McLachlan photography, 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 ClayPix.com, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the internet, such data may pass through any country. 
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 screens. 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 Clay McLachlan photography, its 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, you may update the information in the update profile section of this website. 
Cookies 
When you visit the Clay McLachlan photography website, we 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. 
Cookies enable our website to recognize the information you have consented to give to our website, and help us determine what portions of this website are most appropriate for your personal needs. 
We do NOT use cookies to examine your surfing behavior before or after leaving an Clay McLachlan photography website. 
If at any time you believe that Clay McLachlan photography has not followed the above policy, or if you would like your information to be removed from our system, please contact us. We will make reasonable efforts to identify and correct any problem.

DISCLAIMERS 
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ClayPix.com 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. YOU, NOT ClayPix.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. 
ClayPix.com MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ClayPix.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE. 
Except as specifically stated in these Terms and Conditions of Use, Licensing Agreement, and the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither Clay McLachlan photography nor its 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. 
Clay McLachlan photography 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 the Clay McLachlan photography website; however, these other websites are not controlled by Clay McLachlan photography 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 Clay McLachlan photography regarding the inclusion of links to outside websites or your use of those websites. 
Some U.S. 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 , 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 Superior Courts of The State of California in San Francisco County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Clay McLachlan photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Clay McLachlan photography, such action is necessary or desirable. 
No action of Clay McLachlan photography, 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, Licensing Agreement, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Clay McLachlan photography and you relating to your use of this website.

VALIDITY 
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. 
Clay McLachlan photography
103 South Street
Sausalito, CA 94965
415-307-4998 (ph)
415-775-5909 (fx)
©2001 Clay McLachlan photography All rights reserved.

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