INTRODUCTION

We, at PortraitsbyPeggy.com, encourage you to have a positive experience on our website. Please read the following information carefully. It outlines the terms you agree to when you access this Web site.

The following notice applies to all information, services, products, and other materials posted on the PortraitsbyPeggy.com World Wide Web pages accessible at http://www.portraitsbypeggy.com (this "Website") owned and operated by Portraits by Peggy, Peggy Warny, Owner.

TERMS AND CONDITIONS OF USE
(Your Agreement with Portraits by Peggy)

Following are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Portraits by Peggy. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE YOU STIPULATE YOUR AGREEMENT TO THE TERMS AND CONDITIONS OUTLINED BELOW. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE.

DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND Portraits by Peggy EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Portraits by Peggy ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use, or elsewhere on this website, or as otherwise required by applicable law, neither Portraits by Peggy nor its owners, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Portraits by Peggy uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the Portraits by Peggy website; however, these other websites are not controlled by Portraits by Peggy and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Portraits by Peggy regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

PRIVACY STATEMENT

Non-personal information:
As part of the standard operation of the Web Site, PortraitsbyPeggy.com may collect certain non-personal information from you including, but not limited to, your browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), Internet service provider, IP address, and the domain name from which you accessed the Web Site (e.g., yahoo.com). In addition, PortraitsbyPeggy.com may collect information about your browsing behavior, such as the date and time you visit the Web Site, the areas or pages of the Web Site that you visit, the amount of time spent viewing the Web Site, the number of times you return to the Web Site, and other browsing data. PortraitsbyPeggy.com may use cookies to collect this information. A cookie is a small text file that may be stored on the hard drive of your computer when you access the Web Site and which enables us to recognize your computer when you return to the Web Site. You are always free to decline cookies. The "help" segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform a user when they receive a new cookie, and how to erase cookies from their hard drives.

Third Party Web Sites:
The PortraitsbyPeggy.com Web Site may contain links to other third party Web sites which may have privacy policies that differ from this one. PortraitsbyPeggy.com is not responsible for the activities and practices that take place on these Web sites. Accordingly, PortraitsbyPeggy.com recommends that you review the privacy policy posted on any Web site that you may access through these Web sites.

GOVERNING LAW AND VENUE

This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California in San DiegoCounty (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Portraits by Peggy shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Portraits by Peggy, such action is necessary or desirable.

No action of Portraits by Peggy other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Portraits by Peggy and you relating to your use of this website.

OWNERSHIP OF THIS WEBSITE
This website is owned and operated by Portraits by Peggy. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by Portraits by Peggy.

All elements of Portraits by Peggy website, including, but not limited to, the general design and the Content, are protected by US and international copyright law, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Portraits by Peggy, no portion or element of this website or its Content may be copied, distributed, redistributed or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Portraits by Peggy unless otherwise expressly agreed. You shall indemnify Portraits by Peggy against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Copyright © 2005 Portraits by Peggy
All rights reserved