TERMS AND CONDITIONS
This web page represents a legal document and is the Terms and Conditions
(Agreement) for our website www.phillipbanksphotography.com . By using our Website you agree to fully
comply with and be bound by the following Agreement each time you use our Website.
Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to Phillip Banks Photography, LLC, the owner of this Website.
A “Visitor” is someone who merely browses our Website. A “Member” is someone who
has registered with our Website to use our Services. The term “User” is a collective
identifier that refers to either a Visitor or a Member.
Acceptance of Agreement
This Agreement is between you and Phillip Banks Photography, LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER
PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING,
ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE
OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND
TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT
OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT
Except as otherwise noted, this Agreement constitutes the entire and only Agreement
between you and Phillip Banks Photography, LLC and supersedes all other Agreements,
representations, warranties, and understandings with respect to our Website, Services,
and the subject matter contained herein. However, in order for you to use our Website
and/or Services you may also be required to agree to additional terms and conditions.
Those additional terms and conditions will be incorporated into this Agreement unless
do not accept and agree to being bound by all of the terms of this Agreement, including
Amendment of Terms
Phillip Banks Photography, LLC reserves the right to change, modify, add or remove portions of these
terms at any time without prior notice or user's consent. Please check these terms
regularly prior to using our website to ensure you are aware of any changes. We will
endeavor to highlight any significant or substantive changes to you where possible. If
you choose to use our website then we will regard that use as conclusive evidence of
your agreement and acceptance that these terms govern you and Phillip Banks Photography, LLC
rights and obligations to each other.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances, and regulations regarding your use of our Website, Content, Services, and
any software provided therein.
We may disclose any content or electronic communication of any kind to satisfy any
law, regulation or government request.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between you and Phillip Banks Photography, LLC.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our
affiliates or other companies in the form of words, graphics, and logos. Your use of our
Website or Services does not constitute any right or license for you to use our service
marks or trademarks without the prior written permission of Phillip Banks Photography, LLC.
Our Content, as found within our Website and Services, is protected under International
Copyright Protection. Copying, redistribution, use, or publication by you of any such
Content is strictly prohibited. Your use of our Website and Services does not grant you
any ownership rights to our Content.
Member Intellectual Property
Our Service allows you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material ('Content'). You are responsible for
the Content that you post to the Service, including its legality, reliability, and
appropriateness. By posting Content to the Service, you grant us the right and license to
use, modify, publicly perform, publicly display, reproduce, and distribute such Content
on and through the Service. You retain any and all of your rights to any Content you
submit, post or display on or through the Service and you are responsible for protecting
You represent and warrant that:
the Content is yours (you own it) or you have the right to use it and grant us the rights
and license as provided in these Terms, and
the posting of your Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person.
Our service is not a backup service, and we can not be held responsible for lost data.
We may delete content that is in violation with any laws. You also grant each user of the
Service the right to access your User Content through or from the Website and the
Service, and to use, edit, modify your User Content
Eligibility and Registration for Membership
To use our Services you must register with our Website to become a Member. Your
Membership is not transferable or assignable and is void where prohibited. Our Website
and Services are intended solely for Users who are at least 13 years of age or older.
Any registration by, use of, or access to our Website by anyone under that age is
unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our
Website and/or Services you represent and warrant that you are 13 years of age or
older and agree to abide by all the terms and conditions of this Agreement.
Phillip Banks Photography, LLC has the right to refuse service based solely our discretion .
If you have signed up and are using the site and we decides to disable your ability to use the
site for any reason, [Business Name] does not need to inform you of the reason and can
do so at any time. You agree to no legal action on your part.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from
viruses or other harmful components, or that we will correct any errors. We do not
represent or otherwise warrant that the information available on or through our Website
will be correct, accurate, timely, or otherwise reliable.
Phillip Banks Photography, LLC reserves the right in our sole discretion to change any Content,
product, price, and other items used or contained in our Website or Services at any time
without notice. Reference to any services, processes, or other information by trade
name, trademark, or otherwise does not constitute or imply endorsement, sponsorship,
or recommendation thereof, or any affiliation therewith by our Website, by third parties,
or by any of the equipment or programming associated with or utilized by our Services.
Products, Content and Specifications
All features, content, specifications, products and services described or depicted on this
site are subject to change at any time without notice. We make all reasonable efforts to
accurately display the attributes of all listed products, including the applicable colors;
however, the actual color you see will depend on your computer system, and we cannot
guarantee that your computer will accurately display such colors. The inclusion of any
products or services on the site at a particular time does not imply or warrant that these
products or services will be available at any time.
To the fullest extent permitted by law, Phillip Banks Photography, LLC absolutely disclaims all
warranties, expressed or implied, including, but not limited to, implied warranties of
merchantability and fitness for any particular purpose. Phillip Banks Photography, LLC gives no
warranty that the products, services will be free of errors, or that defects will be
corrected, or that our website or its server is free of viruses, downtimes or any other
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date
information on our website, we do not warrant or make any representations regarding
the use or the result of the use of any document, product, service, link or information in
the website or as to their correctness, suitability, accuracy, reliability, or otherwise.
The site is free to use, but there is nothing promised by Phillip Banks Photography, LLC in terms of
any of its advertised features. In other words, the site should work as designed, but no
guarantee of that to any user. If the product fails to deliver, etc., whatever happens dur
to use of our product or services, you hereby acknowledge that you will not make any
financial, investment, legal, and/or other decision based in whole or in part on anything
contained in our Website or Services.
SOME LINKS ON OUR WEBSITE WILL LET YOU LEAVE OUR SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF Phillip Banks Photography, LLC AND WE ARE NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. Phillip Banks Photography, LLC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE
PROVIDE THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY
Phillip Banks Photography, LLC.
Our Website or Services may be temporarily unavailable from time to time for
maintenance or other reasons. Phillip Banks Photography, LLC assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration
of Users communications.
Limitation of Liability
IN NO EVENT WILL Phillip Banks Photography, LLC OR ITS DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM
YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED
PRODUCT, ACCESSED THROUGH OUR WEBSITE OR SERVICES, EVEN IF
Phillip Banks Photography, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, Phillip Banks Photography, LLC HAS NO LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT CHARGED FOR ANY PURCHASE MADE, IF ANY, BY
YOU TO US FOR ANY PRODUCT.
You are responsible for your name and password and maintaining the security of both.
Phillip Banks Photography, LLC is not responsible for any claims, damages or losses you suffer by
reason of unauthorized use of your password by others.
You agree to maintain the confidentiality of your password and are fully responsible for
all liability and damages resulting from your failure to maintain that confidentiality and all
activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any
other breach of security. You agree that our Website cannot and will not be liable for
any loss or damage arising from your failure to comply with password security as
Use of Information
You agree to use our Website as yourself, with your own ID and password and not
represent any other user other than yourself.
We reserve the right, and you authorize us, to the use and assignment of all of your
information regarding your use of our Website and Services in any manner consistent
Phillip Banks Photography, LLC, as a rule, does not interfere with, modify or otherwise change your
data, however, your data including all of your data with each and every Phillip Banks Photography, LLC
email sent or going to be sent in the future is the property of Phillip Banks Photography, LLC
and can be reviewed, stored and used for the purposes known only to Phillip Banks Photography, LLC
and any affiliates it may choose. Phillip Banks Photography, LLC is under no obligation to extract any
data from the database of Phillip Banks Photography, LLC for the purposes of defending (or otherwise)
in the court of law any user or users of this web site. You agree and submit that
Phillip Banks Photography, LLC has the full rights to analyze any and all data that you willfully place
onto the website.
Phillip Banks Photography, LLC reserves the right, but does not have the obligation, to monitor your
use of this site and to restrict or terminate your use of the site or modify or remove any
information found on the site for any reason whatsoever in our sole discretion.
We reserve the right to investigate complaints or reported violations of this Agreement
and take any action we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third parties
and disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP addresses,
and traffic information. You will not attempt to reverse engineer our website, any portion
of it or try to reverse engineer the programming code.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure
any portion of our Website by framing or otherwise, (b) your website does not engage in
illegal or pornographic activities, and (c) you discontinue providing links to our Website
immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third party websites. Inclusion of
links for any website on our Website does not mean that we endorse, guarantee,
warrant, or recommend the services, information, content, and/or data of such third
Phillip Banks Photography, LLC has no control over the legal documents and privacy practices of third
party websites; you access any third party websites at your own risk. We recommend
understand what information is collected and how it is used.
Any legal controversy or claim arising from or relating to this Agreement and/or our
Service, excluding legal action taken by us to collect or recover damages for, or obtain
any injunction relating to website operations, intellectual property, and our Service will
be settled solely by arbitrator chosen by Phillip Banks Photography, LLC
The binding arbitration will be conducted in New Mexico, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof. You or we
may seek any interim or preliminary relief from a court of competent jurisdiction in
New Mexico necessary to protect the rights or property of you and us pending the
completion of arbitration. Each party will bear a half of the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in New Mexico,
United States, and will be governed by and construed in accordance with the laws of the
state of New Mexico without regard to conflict of laws provisions. In addition, you agree
to submit to the personal jurisdiction and venue of such courts. Any cause of action by
you with respect to our Website or Service must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
You agree to indemnify, defend, and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers of
information and documents, attorneys, advertisers, product and service providers, and
affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of our Website or Services.
If Phillip Banks Photography, LLC gets sued by you, you will defend and indemnify Phillip Banks Photography, LLC
from all claims, actions, damages, losses, liabilities, costs, expenses of whatsoever kind
or nature, including without limitation attorney’s fees and litigation costs and expenses
incurred by Phillip Banks Photography, LLC as a direct result of any breach by you of these Terms
and Conditions, or arising out of or about your willful or accidental misconduct, negligent
or fraudulent use of this website.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be
construed consistent with applicable law and the remaining portions will remain in full
force and effect. To the extent that any Content is in conflict or inconsistent with this
Agreement, this Agreement will take precedence. Our failure to enforce any provision of
this Agreement will not be deemed a waiver of such provision, nor of the right to enforce
such provision. Our rights under this Agreement will survive any termination of this
Further information on these Conditions of use or any queries on them are available by
contacting us using any of the detail below:
Phillip Banks Photography, LLC
4211 Camelback Rd. NW
Albuquerque, NM 87114
©Copyright 2015-2019 by Phillip Banks Photography, LLC