Terms of Use
Your Agreement with Traci Moss
Welcome to the Traci Moss Web site. The following Terms of Use apply to your use
of our Web site (www.mossthoughts.com). If you visit or shop at
www.mossthoughts.com you accept these conditions. Please read them carefully
before you enter our Web site.
THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT")
BETWEEN YOU AND Traci Moss, LLC. PLEASE READ ALL OF THE FOLLOWING TERMS OF USE.
BY USING THE Traci Moss 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 Traci Moss, LLC ("Traci Moss"). All of
the photographs featured on our Web site were created by her. These images are
protected by 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 Traci Moss and are protected by 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 Traci Moss 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 Traci Moss. 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 Traci Moss'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 Traci Moss 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.
While Traci Moss uses reasonable efforts to ensure compliance with applicable
laws relating to rights of privacy or publicity, including the use of subject
releases when necessary and screening of photographs submitted to Traci Moss, it
makes no representations or warranties as to the accuracy, correctness or
reliability of the photographs, nor can Traci Moss ensure that all persons
depicted in the photographs have consented to the display of their image on this
Web site. If your photograph appears on this Web site without your consent and
you wish to have it removed, please contact us via email at: tsmt@mossthoughts.com.
In addition, Traci Moss 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.
Traci Moss, 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 Traci Moss, or if you otherwise infringe any intellectual property
rights relating to the photographs, Products or this web site, you agree to
indemnify and hold Traci Moss, 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.
5. Other Terms
This Agreement shall be governed by the laws of the State of Georgia without
giving effect to any principles of conflicts of law.
Traci Moss 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 Traci Moss
with respect to the use of this site and any Traci Moss services. Traci Moss's
failure to enforce any right or provision in these Terms of Useshall 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.