Niko Photo Studio - Terms & Conditions

Terms and Conditions

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Niko Photo Studio, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, "User" or "Users" means any third party that accesses the Website and is not either (i) employed by Niko Photo Studio and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Niko Photo Studio and accessing the Website in connection with the provision of such services.

Intellectual property and acceptable use

All Content included on this Website is the property of Niko Photo Studio. In these terms and conditions, "Content" means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website, you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission.

You may, for your own personal, non-commercial use only, do the following:

a. retrieve, display, and view the Content on a computer screen.

Reproduction, republication, or sharing of any content on social media platforms or other websites is only permitted if the original source and author (©Niko Photo Studio) are clearly credited.

All photographs, images, and creative works displayed on this Website are protected by copyright and remain the sole property of Niko Photo Studio. You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the written permission of Niko Photo Studio.

Any commercial use, including but not limited to advertising, publishing, merchandise production, or media usage, requires prior written authorization from Niko Photo Studio.

Any unauthorized use not expressly agreed upon in writing will be considered an infringement of copyright.

Even when permission is granted, proper attribution to Niko Photo Studio is always required.

Niko Photo Studio reserves the right to pursue legal action, claim damages, and seek remedies for any unauthorized use or infringement.

Prohibited use

You may not use the Website for any of the following purposes:

a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Niko Photo Studio or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Niko Photo Studio makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Niko Photo Studio is under no obligation to update information on the Website.

Whilst Niko Photo Studio uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Niko Photo Studio accepts no liability for any disruption or non-availability of the Website.

Niko Photo Studio reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will:

(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Niko Photo Studio accepNiko Photo Studiots no liability for any of the following:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

No third party shall have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, United States.