CHRISTMAS CITY STUDIO WEBSITE TERMS OF USE

AGREEMENT TO BE BOUND

This Website is owned and operated by or on behalf of Christmas City Studio, LLC (hereafter “CCS”, “we”, “us” or “our”), 3200 Farmersville Rd. Bethlehem, PA 18020. These Terms of Use constitute a contract between you and CCS.

Use of this CCS website (hereinafter “the Website”) constitutes the agreement of the user (hereinafter “you” or “User”) to these terms, conditions and restrictions (collectively “Terms”) and our Privacy Policy, which is hereby incorporated into these Terms. Subject to these Terms and your acceptance thereof, we grant to you a non-exclusive, non-transferable, license to access, use and display the Website and the information presented on or in the Website, which license is expressly limited by these Terms. If you do not agree to be bound by these Terms, you are not authorized to and should not use the Website and your sole recourse shall be to refrain from use thereof.

PROHIBITION OF INTERFERENCE

No user shall attempt to interfere with the operation of this site in any way. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content accessible from the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties or that violates any applicable federal, state, local or international law, rules or regulations.

PROPRIETARY INFORMATION

COPYRIGHT

The materials on or in the Website, including but not limited to text and graphics (“Content”), portraits or other photography created by or for CCS (“Photographs”), as well as the color selections, organization and layout of this Website (“Look and Feel”), are copyrighted and are protected by United States and international copyright laws and treaty provisions, and at common law. No right, title or interest in any of the Content, Photographs, Look and Feel, or any other material contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from or frame in another website, use on any other website, transfer or sell any information obtained from this Website, without express written permission from CCS.

TRADEMARK

Trademarks used in the Website, whether registered or unregistered, are the property of CCS or its licensors and may not be copied, reproduced or used in any other way without the prior, express, written consent of CCS.

CLAIMS OF COPYRIGHT INFRINGEMENT

CCS respects the intellectual property rights of others. If you believe that content presented on the Website is used in a way that constitutes copyright infringement or other violation of your intellectual property rights, please provide the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on or in the Website, including the specific website URL, if applicable;
• Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The CCS agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address:

THIRD PARTY REQUESTS

Due to the nature of the Website, it is possible that a User may receive a request from a third party for the removal of content from the Website in accordance with the CCS Privacy Policy or Children’s Privacy Policy, or in accordance with the Claims of Copyright Infringement section of these Terms. In the event that you receive such a request, you hereby agree to abide by these Terms, the CCS Privacy Policy and CCS Children’s Privacy Policy, as applicable, in responding to such request and, if compliance requires, to forward such request to CCS or your Provider (as such term is defined in the Website End User License Agreement).

DISCLAIMERS

CONTENT AND AVAILABILITY

THE MATERIALS ON OR IN THIS SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE MATERIALS IN THIS SITE, CCS DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CCS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THE RESPECTIVE DATES SUCH MATERIALS ARE PUT ON TO THE SITE. CCS UNDERTAKES NO OBLIGATION TO KEEP SUCH INFORMATION CURRENT. CCS ENDEAVORS TO MAINTAIN THE AVAILABILITY OF THIS SITE AND ITS OPERATION, BUT SUCH AVAILABILITY AND OPERATION ARE NOT GUARANTEED. CCS MAKES NO WARRANTY THAT: (I) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED.

LINKS AND THIRD PARTY WEBSITES

CERTAIN LINKS IN THIS SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. BECAUSE CCS, HAS NO CONTROL OVER THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY SITES, CCS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY TRANSMISSION THEREFROM, OR ANY CHANGES OR UPDATES TO SUCH SITES. CCS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY, OR AN ENDORSEMENT BY CCS OF, THE LINKED SITE. CCS ALSO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH LINKS OR LINKED SITES, NOR WARRANT THE RESULTS TO BE OBTAINED FROM USING SUCH LINKS OR LINKED SITES FOR ANY PURPOSE, INCLUDING FOR THE PURCHASE OF ANY GOODS OR SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CCS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CCS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE APPLICABLE LAWS OF CERTAIN STATES MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CCS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

CHOICE OF LAW/FORUM

These terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the laws of the United States, without giving effect to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or the Website that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Commonwealth of Pennsylvania, Lehigh County, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, you should review these Terms whenever you use this Website.

GENERAL PROVISIONS

These Terms constitute the entire agreement between you and CCS with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by CCS or any representative of CCS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.