By viewing, interacting with, submitting information to, or otherwise using the Services, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use the Services.
We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using the Services after such changes are posted, you agree to be bound by the changes. This Agreement was last modified on Jan 1st, 2016.
B. INTELLECTUAL PROPERTY
All content included in this Site or in or through the other Services, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of Nerdy Photographer and/or its third-party content providers. The trademarks “Nerdy Photographer” and “NERDYPHOTOGRAPHER.COM,” as well as the business names, logos, slogans, trade dress and all other marks on this Site or in the Services are trademarks of Nerdy Photographer or its third-party content providers.
You may use material from this Site or the Services only for your own personal, non-commercial use. No portion of this Site or the other Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by Nerdy Photographer. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site or the Services.
If you believe in good faith that your copyrighted work has been reproduced on this Site or through the Services without authorization in a way that constitutes copyright infringement, please send a notice of copyright infringement containing the following information to Nerdy Photographer’s designated copyright agent by email at email@example.com:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Nerdy Photographer is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
C. SUBMISSION OF CONTENT BY USERS
In certain places, this Site or the Services may allow users to submit comments, profile content, forum or chat room entries, blog entries, letters, ideas, photos, videos, emails or other content – either directly to the Site or the Services (including to us through the Site or the Services) or through third party service providers. While we generally would like to permit you to provide content to or through the Site or other Services, there are certain restrictions on your providing content. They are as follows:
1. License: You retain all ownership and copyrights in the content that you submit to us. WE WILL NOT SELL YOUR CONTENT unless you have entered into a separate contract with us allowing us to do so; but by submitting content to us, you grant Nerdy Photographer the right to post it on the Site, use it as part of the Services, use it for our internal purposes, and use it to promote Nerdy Photographer (the “Uses”). More specifically, by submitting content to us, you agree that we have a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to use the content for the Uses — including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised for purposes of the Uses. You further agree that Nerdy Photographer and its licensees have the right to use your name and likeness in connection with Nerdy Photographer’s publication, display, modification, distribution or other use of such content. Nerdy Photographer is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to Nerdy Photographer (whether directly or through its third party service providers) for purposes of the Uses without compensation or remuneration. Nerdy Photographer has the right to allow community and/or individual users to rate your content using a rating system. At the sole discretion of Nerdy Photographer , your photographic content may be featured as the “Photo of the Day” or in some other manner. You agree that in the event that we sell or transfer our company, in whole or in part, the license that you granted us in this section may be sold or transferred as well without further approval by you, and that the Uses would then become the Uses of our transferee or successor.
2. Standards: You agree to tag racy, sexual, graphically violent, and/ or nude content that you submit as “NSFW” or “Not Safe for Work.” Failure to do so may result in your content being removed and/or suspension of your account. You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal.
3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.
4. Monitoring of Content / Removal: You agree that Nerdy Photographer has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Site and/or the Services. You further agree that Nerdy Photographer may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
5. Release: You agree that you are at least 18 years of age. You agree to release Nerdy Photographer (including without limitation, for purposes of this Section C.5 of the Agreement, the officers, directors, employees, partners, limited partners, shareholders, owners, members, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, agents, attorneys and representatives of Nerdy Photographer) from any and all liability and obligations whatsoever in connection with or arising from Nerdy Photographer’s use or non-use of content submitted by you or any third party.
7. No Endorsement / Recommendation: Nerdy Photographer does not endorse, recommend, or take any responsibility for any content submitted to the Services by you or any website visitor, account holder, advertiser, service provider, vendor, or other third-party, even if Nerdy Photographer displays such content.
D. DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
Nerdy Photographer has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site or the Services. Nerdy Photographer is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site or the Services. Viewing of any and all other Web sites shall be at your own risk.
F. PROHIBITION ON USE / ENFORCEMENT OF TERMS
Nerdy Photographer may at any time, for any reason, prohibit your further use in whole or in part of this Site or the Services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site or the Services. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against Nerdy Photographer for any failure by us to enforce this Agreement, whether against you or a third party. Nerdy Photographer’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
G. ACCESS LIMITS
Without Nerdy Photographer’s express consent, you may not frame any pages from the Site or the Services, place pop-up windows over pages of the Site or the Services, or otherwise affect the display of the Site’s pages or of the Services. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site, the Services, or their content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of Nerdy Photographer or its affiliates or contractors (“hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to Nerdy Photographer or by means of this Site or the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. Nerdy Photographer grants you permission to link to this Site (without framing it) or the Services, but may revoke this permission at any time for any reason.
Certain content or areas of the Site or Services may be marked “NSFW” or otherwise restricted. You may not access that content or those areas unless you are of legal age to do so and are in compliance with any additional terms posted in association with those portions of the Site or Services.
H. YOUR ACCOUNT
In order to obtain certain products or services through this Site or the Services, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You may not provide inaccurate or incomplete information. You are responsible for any use of your account, this Site or the Services by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact Nerdy Photographer at once.
By creating an account, you agree that you are at least 18 years of age and fully capable of entering into a legally binding contract. You also agree that Nerdy Photographer may contact you regarding updates, discounts, and other information pertaining to the Services.
You may be able to purchase video recordings, audio recordings, artwork, acrobat files, and information relating to such digital recordings, and other content (individually and collectively, “Digital Content”) and other products or services from the Site or Services. Such purchases are subject to the terms and conditions of this Agreement, including this Section J.
1. Rights Granted: Upon your payment of our fees for Digital Content, we grant you a perpetual, non-exclusive, non-transferable, non-sublicensable right to use the Digital Content for your personal, non-commercial, educational, or entertainment use. You may download, copy, store, transfer and burn the Digital Content only for your personal, non-commercial, educational or entertainment use. If you are unable to complete a download after payment is made, please contact us immediately at firstname.lastname@example.org.
2. Restrictions: You represent, warrant and agree that you will use the Digital Content only for your personal, non-commercial, educational or entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section J.2. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section J.1 above, you agree that you will not redistribute, transmit, display, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
3. Refunds: All Digital Content purchased from the Nerdy Photographer store are covered by a 30 day money back guarantee. If you are not completely satisfied with your purchase, you may request a full refund of the purchase price within 30 days of payment, less any transaction fees. After 30 days from the date of payment, you may request a partial refund up to 50% of the purchase price, less any transactions fees. You may only request a refund for two times. Refunds for bundles are not allowed. After two refund requests, no more refunds will be allowed.
4. Copyright: Digital Content and other products available through the Services are protected by federal Copyright Laws and any violation of these laws may subject the violator to civil liability and/or criminal prosecution.
5. Risk of Loss: You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
K. PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.
L. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE OF THIS SITE AND THE OTHER SERVICES IS AT YOUR OWN RISK. THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Nerdy Photographer (including without limitation, for purposes of this Section L of the Agreement, Nerdy Photographer and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NERDY PHOTOGRAPHER MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE OR THE SERVICES, (ii) AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE OR THE SERVICES; (iii) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE OR THE SERVICES; (v) THAT THE CONTENT OF THIS SITE AND THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (vi) THAT THE SITE, THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF NERDY PHOTOGRAPHER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NERDY PHOTOGRAPHER DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR THE SERVICES. THE OPERATION OF THIS SITE AND THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF NERDY PHOTOGRAPHER.
UNDER NO CIRCUMSTANCES SHALL NERDY PHOTOGRAPHER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE, THE SERVICES, OR ANY DIGITAL CONTENT OR OTHER MERCHANDISE OBTAINED FROM THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NERDY PHOTOGRAPHER’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF NERDY PHOTOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE AND THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE OR THE SERVICES.
THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, release and hold harmless Nerdy Photographer (including without limitation, for purposes of this Section M of the Agreement, Nerdy Photographer, and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this Site, the Services or any Digital Content or other merchandise that you obtain from the Site or Services. Nerdy Photographer reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nerdy Photographer in asserting any available defenses and will pay all of Nerdy Photographer’s attorneys’ fees and costs in such defense.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
O. GOVERNING LAW AND JURISDICTION
You agree that the laws of the State of New Jersey will govern this Agreement and your use of this Site and the Services. The state and federal courts of West Orange, New Jersey, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site or the Services. You agree to waive any objection based on forum non conveniens or any objection to venue in West Orange, New Jersey, of any such action.
P. INTERNATIONAL USE
Nerdy Photographer makes no representation that this Site or the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using this Site or the Services from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site or the Services is void where prohibited. Use of this Site or the Services is done at your own risk and you are responsible for compliance with all local laws.
You agree that this Agreement and all rights and licenses provided to Nerdy Photographer under this Agreement are fully and freely assignable and sub-licensable by Nerdy Photographer without further compensation to you.
R. INTEGRATION AND MODIFICATION
Except as otherwise specified herein or in a written agreement signed by Nerdy Photographer, this Agreement constitutes the entire agreement between you and Nerdy Photographer with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and Nerdy Photographer with respect to this Site and the Services. You may not modify this Agreement other than by obtaining Fstoppers’ signed, written consent to such a modification.
S. NOTICE / CONTACT
Nerdy Photographer can be contacted at email@example.com.
Legal notices shall be sent to Nerdy Photographer at the following address: firstname.lastname@example.org. Notice will be considered given upon receipt.
Nerdy Photographer is entitled to assume that any address information that you provide to us is correct, and Nerdy Photographer may contact you at such address. Notice to you will be considered given when sent.
Copyright © 2018, Nerdy Photographer and Casey Fatchett Photography. All rights reserved