BY CLICKING ON THE “I ACCEPT” BUTTON OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE.
1. ACCEPTANCE OF TERMS
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services (or any part thereof).
2. DEFINED TERMS FOR SITE CONTENT
All user-supplied content, information, materials, files, communications, documents, text and images (including (i) all data and images provided by photographers on their profile pages, and (ii) all data and images provided by users in photography project proposals) are referred to collectively as “User Content.” “Our Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, irrespective of whether you register for an account or whether you are merely browsing the Site, and we may refer to all Site users as “you” or “your/s” in this Agreement.
In addition to users browsing the Site, the Site accommodates the following users:
(a) Photographers. The Site allows photographers to create profiles and populate their profile pages with sample photographs. Photographers are also able to bid on photography projects posted by users, subject to the parameters and limitations provided on the Site.
(b) Prospective Clients. The Site allows users to create proposed photography projects (or jobs) and submit them for bidding by photographers. Users select the proposed project parameters, preferences and price-range, and such information is visible to photographers looking to bid on photography jobs. For purposes of this Agreement such job proposals are referred to as “Project Proposals.” Users understand and agree that (i) the Company will not be a party to any transaction between the Site users, (ii) that the Company will not process or accept any payment on behalf of photographers, (iii) that the Company will not be a party to any dispute between the Site users (including photographers and clients), and (iv) the Company will not be responsible for resolving any dispute between users or in any way be liable to any user by virtue of the user’s use of the Site or engagement with a photographer or client through the Site. You are solely responsible for any and all transactions between yourself and another party on the Site.
(c) Create & Design an Album. Users may use the site to create their own photo albums, and may utilize our services to help design the album. The use of these services are subject to the terms of this Agreement, in addition to any other terms applicable specifically to those services, as may be provided elsewhere on the Site.
3. USER ACCOUNTS
In order to access or to make use of certain Services (including the creation of a photographer’s profile, submission of a Project Proposal, or use of our album design and creation services) you may need to register and create a user account (an “Account”). By using the Site and/or setting up an Account you represent that you are of legal age to form a binding contract and are not a person legally barred from receiving our Services under applicable law. You also agree:
i. that you will not use an Account that is created by another Site user;
ii. that you will supply only complete and accurate information in registering for an Account;
iii. that you are solely responsible for the activity that occurs on your Account and all data and images uploaded to your Account, that you will keep your Account password secure at all times, and that we will not be liable for your losses caused by any unauthorized use of your Account; and
iv. that if your Account has been compromised for any reason, you will immediately notify us of the security breach or unauthorized use of your Account.
4. INTELLECTUAL PROPERTY; LIMITED LICENSE
In addition to the Materials and Services offered by us, this Site may also make available materials, links, information, products and/or services provided by third parties (collectively, the “Third Party Products and Services”). The Third Party Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so. You further understand and agree that all dealings with individuals and entities accessed, introduced or referred through the Site is at your own risk. We do not screen our Site users and make no representations whatsoever about the trustworthiness or competence of any Site user, including any photographer or prospective client featured on or through the Site.
Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:
1. Our Content and User Content may be used solely for personal and internal purposes. You may not commercially exploit any of the content featured on the Site without express permission from us or the owner of such content.
2. Our Content and User Content may not be modified or altered in any way except by the user who submitted such content or by us.
3. You may not remove any copyright or other proprietary notices contained in Our Content or User Content.
4. We reserve the right to revoke the authorization to view, use and download Our Content and User Content available on this Site or any portion of it at any time, and any such use shall be discontinued immediately upon notice from us.
5. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, use and download Our Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
5. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “MyBridalPix” trademark (the “Marks”) displayed on this Site are the property of the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks.
In addition, all content posted using our resources, must comply with U.S. Copyright law. We do not review user submitted materials for copyright infringement, however, My Bridal Pix expects it’s users to comply with the Digital Millennium Copyright Act of 1998 (the “DMAC”). If you feel your copyrghts have been infringed upon, please send us a notice asking for the materials to be removed and a why you feel this is a copyright infringment to email@example.com
6. LICENSE TO MYBRIDALPIX FOR USER CONTENT
Certain pages on the Site accommodate or require User Content, such as photographers’ profile pages, posting jobs or our blog, for example. Please note this does not apply to private images uploaded to the book making software. Those images will not be shared publicly and we acknowledge that we are not granted any license to use them other than to submit your images to our third party publisher for printing the products requested by the submitter. By submitting User Content to any area, other than the book making software, of the Site you grant us the following type of license: a perpetual, worldwide, non-exclusive license to modify, reproduce, distribute and publically display and perform such User Content for the purposes for which such content was submitted. You also grant us the right to share, post and otherwise distribute your Photographer Profile and your Project Proposals (including all data and images contained in the Project Proposal) through social media platforms (such as Facebook, for example) or otherwise, in order to promote you or the Site or other services we offer and to feature Project Proposals and Photographer Profiles. Accordingly, you grant us a worldwide, perpetual, non-exclusive license to modify, reproduce, and distribute such User Content without compensation to you, provided that we do not sell or license your photographs without your written permission. You agree that you will not submit any User Content to the Site that is in any manner infringing, untrue, or defamatory. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms, and you agree to indemnify us to the extent that we are harmed because of your wrongdoing.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, our Site will remove or block access to the allegedly infringing material, and may terminate the user’s account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement. In appropriate cases, we will terminate accounts of users against whom multiple complaints have been made.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to firstname.lastname@example.org
8. PROHIBITED COMMUNICATIONS AND CONTENT
More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your User Content. When you create or make available your User Content (in any area of the Site, including on your photographer’s profile page, in Project Proposals, or on our blog), you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
(b) you have fully complied with any third-party licenses relating to your User Content, and have done all things necessary to successfully pass through to viewers any required terms;
(c) your User Content does not contain any viruses, malicious code or other harmful or destructive content;
(d) your User Content is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors;
(f) your User Content does not violate any applicable law designed to regulate electronic advertising;
(g) your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site;
(h) your User Content does not contain any defamatory material;
(i) your User Content does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose; and
9. USER CONDUCT & PROHIBITED ACTIVITIES
You may not access or use the Site for any other purpose other than that for which we make it available. In using the Site, including all Services and Materials available through it, you agree to not engage in any prohibited activities. Prohibited activity includes, but is not limited to:
(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, harassment, stalking, spamming, or copyright infringement;
(b) transmitting junk email to other users, other than transmissions expressly permitted on the Site;
(c) using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(d) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
(e) disrupting or interfering with the security of, or otherwise causing harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site; and
(f) using the Site in a manner inconsistent with any and all applicable laws and regulations.
10. MANAGING CONTENT AND COMMUNICATIONS
11. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES (INCLUDING THE PHOTO ALBUM CREATION AND DESIGN SERVICES) ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, SATISFACTORY, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
WE DO NOT SCREEN SITE USERS. ANY DEALINGS OR INTERACTIONS YOU MAY HAVE WITH OTHER SITE USERS, AND ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS (INCLUDING BETWEEN PHOTOGRAPHERS AND CLIENTS) ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY HARM CAUSED TO YOU BY VIRTUE OF YOUR INTERACTION OR DEALING WITH ANOTHER USER OR OTHERWISE BY VIRTUE OF YOUR USE OF THE SITE.
IN PROVIDING ALBUM CREATION AND DESIGN SERVICES WE RELY ON THE PROVISION OF SERVICES OF THIRD PARTIES AND ON THE CONTINUED FUNCTIONING OF SOFTWARE AND HARDWARE. BY UTILIZING OUR SERVICES, YOU RECOGNIZE THAT OUR PRODUCTION OF ALBUMS MAY BE DELAYED DUE TO MALFUNCTION OR DELAYS CAUSED BY OUR PROVIDERS AND EQUIPMENT. YOU UNDERSTAND THAT ANY DELIVERY TIMEFRAMES WE PROVIDE TO YOU ARE MERELY ESTIMATES AND THAT YOU WILL HAVE NO CLAIM AGAINST US FOR THE DELAYED DESIGN, CREATION OR DELIVERY OF PHOTO ALBUMS. YOU FURTHER AGREE THAT YOU WILL HAVE NO CLAIMS AGAINST US FOR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS (OR OTHER LOSSES) YOU SUFFER BECAUSE OF OUR DELAYED DESIGN, CREATION OR DELIVERY OF ALBUMS. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE TO HOLD US HARMLESS WITH RESPECT TO ANY DAMAGE, LOSS OR INJURY THAT IS CAUSED BY OUR THIRD PARTY PROVIDERS, EXCEPT WHERE SUCH DAMAGE, LOSS OR INJURY RESULTS DIRECTLY FROM OUR NEGLIGENCE.
12. PERSONAL INFORMATION AND PRIVACY
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE SERVICES OR MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE 3-MONTH PERIOD PRIOR TO THE CLAIM. WITHOUT LIMITING THE FORGOING, CONTENT ON THE SITE BLOG DOES NOT NECESSARILY REPRESENT OUR OPINION, AND YOU AGREE TO NOT HOLD US LIABLE FOR ANY SUCH CONTENT.
14. INDEMNITY AND LIABILITY
15. GOVERNING LAW, JURISDICTION, ARBITRATION
This Agreement is governed in all respects by the laws of Virginia without regard to conflict of laws provisions. Subject to the arbitration provisions in this section, you accept and consent to the personal jurisdiction and venue of the federal and state courts in Virginia. Notwithstanding the foregoing, in the event a dispute arises between you and the Company arising from or relating to the subject matter of this Agreement, such dispute shall be finally settled by arbitration in Virginia, using the English language in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Arbitration Rules. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and expert witness fees) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court in Virginia for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and the Company agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.