Terms and Conditions of Use of Chosen Photo

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TALANCE, INC ("TALANCE", “CHOSEN PHOTO,” "WE" OR "US"). PLEASE READ THESE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR ITS CONTENT.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, DISCONTINUE USING THE SITE.

This site is owned and operated by Chosen Photo. All content included on this site, such as photographs, Photo-Objects images, text and software (the "Content"), is owned by Chosen Photo and/or our licensors, providers or affiliates. All Content is protected by Canadian, American and international copyright laws and/or other intellectual property right laws. Chosen Photo provides links to other Web sites of interest - this does not indicate ownership or endorsement of these sites. You waive any and all claims against Chosen Photo regarding your use of those sites. In addition, you may not use our trademarks without our written permission.

Chosen Photo respects the proprietary rights of all parties; if you know of anyone in breach of these rights, please contact us at legal@chosenphoto.com.

Except as explicitly permitted under this or another agreement with Chosen Photo, or one of its subsidiaries, no portion or element of this site or its Content may be copied or retransmitted via any means and this site, its Content and all related rights shall remain the exclusive property of Chosen Photo and/our our licensors, providers or affiliates unless otherwise expressly agreed. You shall indemnify Chosen Photo, our licensors, providers or affiliates against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these terms and conditions of use, or your unauthorized use of the Content and related rights.

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS SITE AND ITS CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE CONTENT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, CHOSEN PHOTO MAKES NO REPRESENTATION THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CHOSEN PHOTO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING PERFORMANCE OR CONDITION OF THE SITE AND/OR ITS CONTENT, WHICH IS NOT CONTAINED IN THESE TERMS AND CONDITIONS OF USE, SHALL BE DEEMED TO BE A WARRANTY, CONDITION OR REPRESENTATION BY CHOSEN PHOTO.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements fully executed and performed therein. If any provision of this Agreement shall be for any reason held invalid, illegal or unenforceable, the same shall not affect the validity of this Agreement or any other provision hereof and this Agreement shall be interpreted and construed as if such provision, to the extent invalid, illegal or unenforceable, had not been contained herein. This is the entire agreement between the parties relating to the subject matter herein.

Chosen Photo, the Chosen Photo logo, are trademarks or registered trademarks of Talance, Inc. All other products, logos or company names are trademarks or registered trademarks of their respective owners.