Terms and Conditions

1. Services and Conditions of Use
Welcome to the Journey Circle online Service. As part of our service, Journey Circle agrees to provide you with quality photographs, articles, resources and other computer services that Journey Circle may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Journey Circle may modify this Agreement at any time. You agree and continue to agree to use Journey Circle Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Software Libraries and Copyrighted Materials
The downloading of copyrighted material is not allowed by Customers. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Journey Circle and/or third-party content providers remain the owners of the posted materials, and that Customer can not acquire any of those ownership rights by downloading copyrighted materials. Downloading of said copyrighted materials and files, including photographs, resources, text, graphics, is strictly forbidden and will result in immediate termination of Customer's account at Journey Circle.

3. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. JOURNEY CIRCL SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROFOTOS ONLINE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, JOURNEY CIRCLE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT JOURNEY CIRCLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER JOURNEY CIRCLE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

4. Trademarks
JOURNEY CIRCLE^® is a registered service mark of Bonnie Krause-Gams. All other trademarks appearing on the Service are trademarks of their respective owners.

5. Notice
Journey Circle may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in Journey Circle account information, or by written communication sent by first class mail to a Customer's address on record in Journey Circle account information. You may give notice to Journey Circle (such notice shall be deemed given when received by Journey Circle at any time by any of the following:
Electronic mail to .

6. Indemnification
Customer agrees to indemnify and hold Journey Circle harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Journey Circle harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

7. Termination Of Service
User may terminate this Agreement and User's right to use the Service by sending a cancellation email to . Journey Circle may terminate your account or access rights to this Service at any time, without notice, for conduct that Journey Circle believes violates this Agreement or other policies or guidelines that Bonnie Krause-Gams has posted on a Journey Circle service. Journey Circle may terminate your account or access rights to this Service for online conduct that Journey Circle believes is harmful to other Customers, to Journey Circle business, or to other information providers.

8. Choice Of Law
This Agreement shall be construed and controlled by the laws of the State of Texas. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Texas. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Texas.

9. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Journey Circle representatives and Customer. Journey Circle may amend or modify this Agreement or impose new conditions at any time upon notice from Journey Circle to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.