Terms and Conditions of Use
Ownership of Website; Acceptance of Terms and Conditions of Use
Intellectual Property Rights
Copyright Information and Personal & Non-Commercial Use Limitation
All Content and the compilation of all content included on this Website are owned or licensed by Burgaard and protected by United States and international copyright laws. Burgaard does not claim ownership of copyrights owned by third parties.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Burgaard reserves the right to bar any such activity.
Burgaard owns trademarks for its many goods and services, including, without limitation, Burgaard and Burgaard Photography and the associated graphics, logos and service marks are trademarks of Burgaard and may not be used without prior written consent of Burgaard. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Burgaard in connection with your use of this Website shall be the exclusive property of Burgaard. You agree that unless otherwise prohibited by law Burgaard may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
Privacy and Protection of Personal Information.
Service and Product Descriptions
In the event that a service or product is mistakenly listed at an incorrect price, Burgaard reserves the right to refuse or cancel any orders placed for services and products listed at the incorrect price. Burgaard reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Burgaard shall issue a credit to your credit card account in the amount of the incorrect price.
Third Party Links
you agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation:
- engaging in any illegal activity or the planning of any illegal activity;
- disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;
- creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
- exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
- interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or
- stalking or harassing another;
- engaging in any other activity deemed by Burgaard to be in conflict with the spirit or intent of this Website.
Burgaard reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
BURGAARD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BURGAARD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BURGAARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURGAARD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BURGAARD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BURGAARD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Burgaard reserves the right to do any of the following, at any time, without notice:
- to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
- to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and
- to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Burgaard be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Burgaard has been advised of the possibility of such damages.
- the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against Burgaard (but not including the purchase price for any Burgaard hardware or software products or any BurgaardCare or similar support program), or
- US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Burgaard, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Burgaard by any third party due to or arising out of or in connection with your use of the Website.
Burgaard may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Burgaard’s rights or property, or the rights or property of visitors to or users of the Website, including Burgaard’s customers. Burgaard reserves the right at all times to disclose any information that Burgaard deems necessary to comply with any applicable law, regulation, legal process or governmental request. Burgaard also may disclose your information when Burgaard determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Burgaard may preserve any transmittal or communication by you with Burgaard through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Burgaard determines that such preservation or disclosure is reasonably necessary to
- comply with legal process,
- respond to claims that any such data violates the rights of others, or
- protect the rights, property or personal safety of Burgaard, its employees, users of or visitors to the Website, and the public.
You agree that Burgaard may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to)
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification of the Website or any service offered on or through the Website, or
- unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Burgaard administers and operates the www.burgaardphotography.com Website from its location in Los Angeles, California USA. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Burgaard reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Burgaard provides access to Burgaard international data and, therefore, may contain references or cross references to Burgaard products, programs and services that are not announced in your country. Such reference does not imply that Burgaard in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Burgaard shall be free to use such information on an unrestricted basis.
The information contained in this Website is subject to change without notice.Burgaard, Inc.
P.O. Box 26831
Los Angeles, California 90026,
Last updated: October 13, 2015.