TERMS + CONDITIONS Welcome to our site. We ask that you review these Terms and Conditions, which are intended to create a binding agreement between Robert Ascroft (“Robert Ascroft” or “we” or “us”) and you (“you”) that conditions your use of this site (“Agreement”). If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain at this site, or return thereafter, you agree to be bound by this Agreement. 1.Ownership and Use. Original material, which we post on this site, is protected by intellectual property laws. All photographs, images, videos, the arrangement and composition of the music in the Lovingly video, the selection and organization of the music in the videos, the selection, arrangement, and organization of this site, including without limitation, the domain name, screen displays, images, videos, text, and graphics of this site (“Content”) are the original works of Robert Ascroft and are posted on this site only as examples of his work. Robert Ascroft will retain ownership of his intellectual property rights in the Content. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense any of the Content. Commercial use of any of the Content is strictly prohibited. Use of any trademark, as a meta tag on other websites is strictly prohibited. You may not scrape or aggregate any of the Content. You may not link to this site or display this site in frames (or any of the Content via in-line links) without express permission from Robert Ascroft. You are granted a non-exclusive limited license only to access this site and to view the Content. Except as expressly provided above, all rights are reserved. The trade marks and logos of third parties shown in any of the Content on this site may be protected by intellectual property laws and you may not use any third party intellectual property without the express written permission of the applicable third party, except where permitted by law. 2.Unsolicited Email. Spamming & Spoofing. You may not send unsolicited email to this site or to anyone whose email address includes the domain name used on this site. You may not use our domain name as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else-or spoof the identity-when using this site. 3.Violations/Indemnification. Your access privileges are conditioned on your adherence to this Agreement. If you violate this Agreement, you agree that we may deny you access to the site. You further agree, at your expense, to defend and indemnify us and hold us harmless against all claims, which may be asserted against us, and all losses incurred, as a result of any violations of this Agreement. If asked to do so, you agree that you will not attempt to access this site. 4.DISCLAIMER OF WARRANTIES. IN ORDER TO PROVIDE YOU WITH ACCESS TO THIS SITE AT NO CHARGE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT THE BENEFITS OR OPPORTUNITIES, WHICH YOU MAY OBTAIN AT THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS SITE IS MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 4 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE. 5.LIMITATIONS OF LIABILITY. IN ORDER TO PROVIDE YOU WITH ACCESS TO THIS SITE AT NO CHARGE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES. 6.Complete Agreement/No Representations. This Agreement constitutes the entire agreement relating to your access to this site and supersedes any prior or contemporaneous representations or agreements. We reserve any rights not otherwise expressly granted by this Agreement. This Agreement may not be modified, either expressly or by implication, except as set forth in Section 7. 7.Periodic Revisions. (a) Robert Ascroft’s employees and contractors are not authorized to modify this Agreement. This Agreement may be modified solely (i) by obtaining written consent signed by Robert Ascroft or (ii) as set forth below in subpart b. (b) You agree that Robert Ascroft may modify this Agreement in his sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then current version of these Terms and Conditions. We will post a notice on this page for thirty (30) days following any revisions or modifications to these Terms and Conditions. It will be your responsibility to review this page for any modifications. 8.Dispute Resolution/Jurisdiction. This site is hosted on servers located in United States and is intended to be viewed by residents of the United States. All disputes arising out of or relating to this Agreement (including formation, performance, breach, enforceability and validity) or our operation of this site shall be resolved by binding arbitration in Monroe County, New York, pursuant to the rules of the American Arbitration Association in effect at service of the demand for arbitration. All such disputes shall be governed by the laws of the United States and of the State of New York. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to, any claim that all or any part of this Agreement is void or voidable and whether this arbitration clause is enforceable. However, you agree that we shall enforce any of the terms of this Agreement against you pending a final determination in arbitration. 9.Construction. If any portion of this Agreement is ruled invalid or otherwise enforceable, it shall be deemed amended in order to achieve as closely as possible in order to give effect to as much of the Agreement as possible.