Legal

Responsibility  •  Comments  •  Complaints  •  Definitions  •  Terms Of Use  •  Liability  •  Copyright  •  Privacy  •  Jurisdiction

ADMIN

MIDTEXAS PHOTOGRAPHY STOPPED OPERATING IN TEXAS AS OF 1 JAN 2019 BECAUSE OF A JOB CHANGE/RELOCATION.  IT WILL REOPEN WHEN CIRCUMSTANCES ALLOW.  INFO PERTAINING SPECIFICALLY TO SALES WAS REMOVED FROM THIS PAGE OR IS NO LONGER APPLICABLE, BUT ALL OTHER SECTIONS REMAIN IN EFFECT. 

Responsibility
     My name is Nathan Loveland.  MidTexas Photography (MTP) was (and will be again, I hope) a sole proprietorship registered to my name in Guadalupe County in the State of Texas, U.S.A.  Currently, I am operating MTP as a display-only online presence to maintain my rights to the name.

     MTP is not in any way affiliated with nor supported by any other individual or organization.  I am the sole owner of this website and, except as specifically indicated otherwise, the sole creator of its content.  Except for the software used to create and present the website (e.g., jAlbum), everything on this site is the product of my efforts, and I alone am responsible for everything that is posted or displayed here. Comments & Suggestions
     I welcome comments and suggestions for improvement, especially those that can help me be a better photographer.  I am not, however, interested in debating the merits of one camera or software maker over another, one image format over another, and so on.  I am also unreceptive to unsolicited sales pitches, especially those disguised as comments or suggestions. Complaints
     I will seriously consider complaints about anything on this website, but only in direct proportion to the accuracy, seriousness, legitimacy, and civility of the complaint.  In the case of factual error, copyright violation, violations of the law, or potential endangerment to another person, I will remove an item or correct the error as soon as I am made aware of and can verify the facts.

LEGAL (Definitions and Terms of Use)

DEFINITIONS
The following terms and definitions apply to the MidTexas Photography website:

Website or Site.  The electronic files, documents, images, and other materials that make up a discrete publication available or accessible via the Internet.

Content.  Any information, writings, images, or other works that you see, hear, or otherwise experience on a website, including all program code, images, and text related to the design and display of the website.

MidTexas Photography.  The business and this website and all of its content (regardless of the format or media in which it may be viewed, displayed, or preserved).

Visitor.  Any person who navigates to this website using any kind of network communication protocol or internet client (e.g., a browser like Internet Explorer), or who obtains content from this website using ‘foraging’ or ‘harvesting’ tools (e.g., an RSS reader like FeedDemon).

Original Content.  Content created or owned by the person who publishes that content on this website.

Non-Original Content.  Content not created or owned by the person who publishes that content on this website.

Publish or Post.  To make new original content available on this website.

Re-post (Re-publish). To make previously published original content or non-original content available on this website. The re-posted content may have been previously published on this website or elsewhere.

Terms of Use.  The rules all visitors to this site agree to abide by. TERMS OF USE
     The MidTexas Photography website (also referred to herein as MTP) and those affiliated with it (also referred to herein as the "Sites") provide online access to products of, and information about, MidTexas Photography and its owner.  This website is intended for use only by natural or legal persons, or legal entities.  Access to and use of this website is without exception subject to the conditions and requirements described in this and the following paragraphs.  BY VIEWING MTP CONTENT, VISITORS TO THIS WEBSITE TACITLY AGREE TO ABIDE BY THESE TERMS OF USE, BOTH NOW AND AS THEY MAY BE AMENDED FROM TIME TO TIME.  THERE ARE NO EXCEPTIONS, REMEDIES, OR EXCLUSIONS TO THESE TERMS OF USE EXCEPT AS DELINEATED HEREIN.  Under no circumstances shall any item published or presented on this website or in any other venue in any way supersede, limit, or invalidate these Terms of Use, which may only be amended by publication on this website on this page, under the Terms of Use heading.  If you do not agree to these Terms of Use, you may not use this website. Use of This Site
     Visitors agree to use this website or its content only for lawful purposes.  Content is provided solely to promote the interests of MidTexas Photography and its owner.  No right, title, or interest in any content is transferred to visitors, whether as a result of downloading such content or otherwise.  Except as expressly authorized by the Terms of Use or U.S. law, visitors may not use, modify, copy, distribute, transmit, or derive another work from any content obtained from this website.  Visitors also may not take any action that could compromise the security of the website, render it inaccessible to other users, or otherwise damage the websites or the content. Limits of Liability & Exclusive Defense
     No person affiliated with this website shall in any way be liable to any visitor nor to any other party for any damages resulting from or arising from the use of material published or presented hereon.  Visitors agree to indemnify and hold blameless the MTP owner and his assigns against or for all losses, expenses, damages, and costs, including attorneys’ fees resulting from a violation of any term of this Agreement.  The MTP owner reserves the right to assume the exclusive defense of any claim for which he may be entitled to indemnification under this paragraph, in support of which, visitors also agree to cooperate to a reasonable extent if asked to do so.

     As far as possible, information on all Sites is kept up-to-date and correct, but all information is nonetheless provided "as is."  No representations or warranties of any kind are given about the completeness, accuracy, reliability, suitability, or availability with respect to the Sites or the information, products, services, or related graphics contained on them for any purpose.  To the fullest extent permissible under applicable law, with regards to the Sites and the content, the owner disclaims all warranties, express or implies, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  Additionally, the owner accepts no responsibility for and will not be liable for any of the Sites being unavailable because of technical problems, maintenance, or other reasons, and he does not warrant that the function of the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the servers on which the Sites reside are free of viruses or other harmful components.

     In no event will the Sites owner be liable for any loss or damage including without limitation, any direct, indirect, incidental, consequential, special or exemplary loss or damage, or any loss or damage whatsoever arising from the use of or inability to use the Sites.  The same applies to any transaction conducted through or facilitated by the Sites; any claim arising from errors, omissions, or inaccuracies on the Sites; unauthorized access to or alteration of data or transmissions; or any loss of data or profits arising out of, or in connection with, the use of this Sites.

     If a visitor is dissatisfied with any of the Sites, the sole and exclusive remedy is to stop using them. Copyright, Trademark, and Intellectual Property
     Unless otherwise indicated, copyright for every item on the MidTexas Photography website belongs to the MTP owner, and ALL RIGHTS ARE RESERVED.  NO RIGHTS ARE WAIVED OR ABROGATED AND NO ONE EXCEPT THE MTP OWNER OR HIS ASSIGNS MAY CONVEY ANY RIGHT TO ANY ITEM DISPLAYED ON THIS SITE.  Further, the names ‘MidTexas Photography,’ the MidTexas Photography logo, and all other MTP-related images, names, and logos are herein declared to be unregistered Trade- or Service-marks belonging to MTP, as are the registered internet domain names midtexasphotography.com, midtexasphoto.com, and midtexphoto.com.  All other product and service names mentioned on this website are the trademarks of their respective owners, whether marked or not marked.

     Unless otherwise indicated, all images on this website are copyright by the MTP owner and ALL RIGHTS ARE RESERVED.  The display of an image on this website does not convey any rights of any kind to anyone and does not place that image in the public domain.  Additionally, NO MTP-OWNED IMAGE DISPLAYED ON THIS OR ANY OTHER WEBSITE MAY BE COPIED TO, DISPLAYED, OR PRINTED ON ANY PHYSICAL MEDIUM, OR REPOSTED OR HOTLINKED-TO ON ANY COMMERCIAL, PRIVATE, OR PUBLIC WEBSITE WITHOUT THE MTP OWNER'S EXPRESS WRITTEN PERMISSION.  SUSPECTED COPYRIGHT VIOLATIONS WILL BE REPORTED TO THE APPROPRIATE U.S. AUTHORITY AND PAYMENT FOR USE OR DAMAGES WILL BE SOUGHT.

     Unless otherwise indicated, WITHOUT THE MTP OWNER'S EXPRESS WRITTEN PERMISSION, NO CONTENT FROM ANY OF THE SITES MAY BE COPIED, ALTERED, DISTRIBUTED, OR COMMERCIALLY EXPLOITED; NOR MAY IT BE STORED OR TRANSMITTED TO OR BY ANY OTHER FORM OF ELECTRONIC RETRIEVAL SYSTEM.

     If permission is given to repost any of the Sites' copyrighted material, the editorial and artistic integrity must be preserved when reprinting or redistributing that material.  In simple terms, if any MTP item or excerpt is used, it must not be edited or presented in such a way as to alter the message or original intent, misrepresent the facts or opinions expressed in the original item, or in any way be detrimental to the reputation, commerce, or business affairs of the MTP owner.

     NOTE ABOUT FAIR USE:  I support fair use of intellectual property for education and journalistic purposes; however, I am keenly opposed to the misuse of intellectual property under the guise of fair use by people who believe (or claim to believe) that if a copyrighted work is not being used for commercial purposes, or that if they acknowledge the copyright owner, they have the right to do as they please.  U.S. Fair Use law is actually fairly restrictive, but the code (17 USC § 107) is not always clear.  Because of this, your best legal protection is to get permission from me before using my copyrighted material—simply acknowledging the source of the copyrighted material does not substitute for obtaining permission.  For my part, I will seek payment and possibly damages for any use of my images for any purpose by anyone who has not first obtained my written permission, so if you're not sure your use of my work is covered by U.S. Fair Use law, you really should ask me first. Copyright and Use of Materials Not Owned by MTP
     The MTP owner respects the copyright of others, and visitors to this site tacitly agree to do so as well.  The MTP owner cannot grant permission to copy, distribute, display or use any material on this site that is owned or copyrighted by others, including video or audio clips, documents, articles, photographs, or images.  ONLY THE PERSON OR AGENCY HOLDING COPYRIGHT CAN GRANT PERMISSION TO USE AN ITEM.  In all cases, as much care as possible has been taken to ensure that all content used on this site is legally available for use and is properly attributed.

     Mistakes do sometimes happen, however; therefore, if any person believes a copyrighted work has been incorrectly or illegally reproduced on MTP and wants that work removed or properly credited, that person need only send an e-mail or letter via postal mail that contains verifiable proof of copyright ownership.  A response of some kind will be given as soon as possible thereafter, and in every case either the item will be removed or properly attributed, or an explanation of disagreement will be sent.  Vile or threatening messages will be recorded and ignored, or referred to the appropriate authorities. Publication of Works by Others
     Occasionally, material created and offered by a lawful copyright holder for publication on this site may be published, posted, or re-posted.  A person may ask to have something published on MTP, but the MTP owner is the sole arbiter regarding the publication of any item.  Anything for which permission to post on MTP is withdrawn will be removed as soon as instructions from the owner are received. Unsolicited Items Sent to MTP
     Without exception, any unsolicited item sent to MTP—regardless of its format or medium—will be accepted with the understanding that unless otherwise agreed to in writing, that item or any part of that item may be used on this website or anywhere else, in any context, for any legal purpose, without restriction and without the need for acknowledgement or any additional communication, to the fullest extent of the law.  It is also understood and expected by the MTP owner that any person who provides any items has the legal right to do so, and that doing so does not violate applicable laws or the rights of any individual or entity.  ONLY THE MTP OWNER MAY ACCEPT LIABILITY OR FINANCIAL RESPONSIBILITY FOR ANYTHING SENT TO MTP AND NO COMPENSATION OF ANY KIND WILL BE OFFERED OR GIVEN UNLESS AGREED TO IN WRITING BEFORE THE ITEM IS SENT. Privacy
     No confidential or proprietary information about visitors is collected via the Sites, and visitors warrant and guarantee that any material, information, or data they send via or in connection with the Sites is non-confidential and non-proprietary.  That notwithstanding, all information sent to or obtained by the Sites' owner will be handled, as far as possible, in accordance with best practices related to Personally Identifiable Information (as defined in the U.S. Privacy Act of 1974), and will not be shared, sold, or otherwise made available to any third party, except in conformance with U.S. Law and with the permission of the person the information pertains to. Hyperlinks
     MTP contains hypertext links or references to other websites.  To some extent, but solely for esthetic and design reasons, hypertext links on MTP are labeled or organized in a way that alerts visitors to the general nature of the content of the referred-to site; however, such links are included on MTP solely for the convenience of MTP visitors, on an as-is basis, without express or implied warranties.  The MTP owner accepts no responsibility whatsoever for problems associated with link labeling, nor for the suitability, content, availability, or privacy policies of websites found at those links. Jurisdiction & Applicable Law
     The Sites are intended for use by visitors in the United States and its Territories, and may not, therefore, adhere to laws or specifications enacted or enforced outside U.S. jurisdiction that pertain to internet or other forms of publication; moreover, the Sites' owner does not recognize any foreign or international law affecting or regulating the Sites, except to the extent that such laws are consistent with the laws of the U.S.  IF ANY PART OF THESE SITES VIOLATES ANY LAW IN ANOTHER COUNTRY, VISITORS IN THAT COUNTRY MUST EXIT THE SITES AND CLEAR THEIR BROWSER CACHE TO REMOVE ALL ILLEGAL CONTENT FROM THEIR DEVICES.  The Sites' owner accepts no responsibility for violations of another nation's laws by visitors in that nation.

     Any legal claim pertaining to this website, its content, or its use is subject to the interpretation of the laws of the United States of America, and more specifically, to the laws of the State of Virginia, without regard to conflicts of laws principles, and are moreover specifically not governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable.  By navigating this website visitors agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the use of this website or to these terms must be in the State or Federal courts located in the State of Virginia, and they hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Virginia for any such legal proceeding. Severability
     These Terms of Use constitute the entire agreement between all parties with respect to the Sites.  If any part or provision of these Terms of Use shall be deemed by a legitimate and competent U.S. authority to be unlawful, void, or for any reason unenforceable, that part or provision shall be deemed severable from these Terms of Use, and shall not affect the validity or enforceability of any remaining part or provision, which shall remain in full force and effect. Changes
     The MTP owner reserves the right to change, suspend, or discontinue any part of this website, including these Terms of Use, without prior announcement, at any time, for any reason.


Last Updated: 17 May 20