Ownership of This Website This website is owned and operated by Roger HOover. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, illustrations and software (“Content”), is owned by Roger Hoover, its licensors and its content providers. All elements of Roger Hoover websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Roger Hoover, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Roger Hoover or its licensors unless otherwise expressly agreed. You shall indemnify Roger Hoover, its subsidiaries, its affiliates and licensors 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.
Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND Roger Hoover 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. Roger Hoover WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Roger Hoover, 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 Roger Hoover nor its directors, 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. Roger Hoover 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 Roger Hoover website; however, these other websites are not controlled by Roger Hoover 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 Roger Hoover 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.
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 Courts of the State of California in Los Angeles County or the Federal District Courts of the District of California (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Carole Topal;ian Photography 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 Roger Hoover, such action is necessary or desirable. No Waiver, Severability No action of Roger Hoover, 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. Should any clause of these Terms and Conditions of Use 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 prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Roger Hoover and you relating to your use of this website.
1.1. PURPOSE OF POLICY.
2. INFORMATION COLLECTION PRACTICES
2.1. WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE COLLECT?
(a) Categories of Personally Identifiable Information. We collect personally identifiable information from you only if you sign up for a newsletter or contact us including:
Your email address, and
Message details you send with inquiries.
(b) Modification or Removal Process. Please contact us if you wish to modify your information.
notice on the Site for 30 days prior to the change going into effect.
(e) Do Not Track Signals. We do not currently honor “do not track” signals issued by browsers or other third party sources.
(f) Third Party Tracking: As a matter of transparency, we’ve decided to disclose to you whether third parties can acquire and track your personally identifiable information through our website. Google and other sites listed below can track you through this Site as we use their services for social media and infrastructure purposes. Google participates in the NIA opt out program. You can also visit the following sites to read their privacy policies and how they track individuals across the web:
You can use programs such as Privacy Badger to further control the collection of information regarding you online.
2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous aggregate “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(b) COOKIES. We may use “cookies” to store a small piece of data on your computer during your visit to collect information. The cookies are used to gain information on how you use the web, which we try to incorporate into the Site to improve your experience.
3. USE AND SHARING OF INFORMATION
3.1. WHAT DOES COMPANY DO WITH COLLECTED INFORMATION?
PERSONAL INFORMATION. We will not share your personal information with
any third parties without your consent, except as necessary to provide
you with the services offered by us or to comply with the law. Examples
of such services include, but are not limited to, third parties
providing email facilitation and hosting. However, please note that if
you leave the Site and purchase a product or service we promote, the
company you purchase from will notify us of the purchase as well as
certain identifying information for you. We do not share this
information with others.
(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis. Your personal information will not be detailed in this aggregate data.
(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
(e) SALE OF INFORMATION. In order to accommodate changes
in our business, we may sell or buy portions of our Company or other
companies or assets, including the information collected through this
Site and from orders of our product including your customer information.
If Company or substantially all of its assets are acquired by a third
party, your personally identifiable information will be one of the
assets transferred to the acquirer.
(f) DMCA CLAIM DISCLOSURES. We comply with the Digital Millennium Copyright Act of 1998, better known as the “DMCA”. Should we receive a claim of copyright infringement, we will comply with the safe harbor requirements of the DMCA. Part of that compliance may require the disclosure of your identity if you are either the allegedly infringing party or the party filing the copyright infringement complaint.
The Site has reasonable security measures in place such as Secure Sockets Layer protocols to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
5. SITE AREAS BEYOND COMPANY’S CONTROL
5.1. THIRD PARTY WEBSITES
6. CONTACT INFORMATION AND POLICY UPDATES
6.1. CONTACTING US
If you have any questions about this Policy, our practices related to this Site, please use the contact form for the Site. You can locate it by clicking the “Contact” link in the footer of the Site.