TERMS OF SERVICE
Date Posted: June 15, 2020
Welcome to the website of David Neuman Photography.
David Neuman Photography. (“we,” “us,” “our”) offers photographic, including digital images and provides its services(Services) described below to you through our website located at https://www.davidgneuman.com subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means, any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site or Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Site and Services.
Site and Services Description:
The Site is designed to make available for sale the digital and print images of David Neuman Photography and offer related professional services.
Modifications to products and services offered on the Site:
David Neuman Photography reserves the right to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that David Neuman Photography will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services
General Practices Regarding Use and Storage:
You acknowledge that David Neuman Photography may establish general practices and limits concerning use of the Site and Services, including without limitation the maximum period of time that data or other content will be retained by the Site or Services and the maximum storage space that will be allotted on David Neuman Photography’s servers on your behalf. You agree that David Neuman Photography has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that David Neuman Photography reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that David Neuman Photography reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Site includes certain features, products, and services that are available via a mobile device, including:
(i) the ability to browse the Site from a mobile device (Mobile Site) and ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Conditions of Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you email or otherwise use via the Site or Service. The following are examples of the kind of content and/or use that is illegal or prohibited by David Neuman photography. David Neuman photography reserves the right to investigate and take appropriate legal action against anyone who, in David Neuman Photography’s ’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Site or Services to:
Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of David Neuman Photography, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose David Neuman Photography or its users to any harm or liability of any type;
Interfere with or disrupt the Service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
To the extent the Site, Services, or any portion or features thereof are made available for any fee, you will be required to use our payment processor and provide David Neuman Photography and/or the payment provider information regarding your credit card or other payment instruments. You represent and warrant to David Neuman Photography that such information is true and accurate and that you are authorized to use the payment instrument. You will promptly update your payment information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay David Neuman Photography the specified amount owed for any and all purchases made on the Site including Services offered thereon in accordance with the terms of any invoice and this Terms of Service.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Site and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or on the Site or Services offered hereon you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, images from or Services offered thereon including through your use of the Site, or access to the Site. All images on the Site or Services offered thereon shall be solely for your personal, non-commercial use. You are not granted any license to use such content for any commercial use.
Intellectual Property Rights
Service Content, Software, and Trademarks:
You acknowledge and agree that the Site and Services offered on it may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by David Neuman Photography, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works obtained from the Site or in connection with your use of the Services or the Services Content, in whole or in part. You will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by David Neuman Photography from accessing the Site Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site or Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith are the property of David Neuman Photography, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by David Neuman Photography.
David Neuman Photography name and logos are trademarks and service marks of David Neuman photography (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to David Neuman Photography. Nothing in this Terms of Service or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of David Neuman Photography Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of David Neuman Photography Trademarks will inure to the exclusive benefit of David Neuman Photography.
Under no circumstances will David Neuman Photography be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that David Neuman Photography does not pre-screen content, but that David Neuman Photography and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, David Neuman Photography and its designees will have the right to remove any content that violates these Terms of Service or is deemed by David Neuman Photography, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Generated Communications
You acknowledge and agree that David Neuman Photography may preserve content contained in user-generated communications and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of David Neuman Photography, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. David Neuman Photography has no control over such sites and resources and is not responsible for and does not endorse any such sites and resources. You further acknowledge and agree that David Neuman Photography will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third-party, and you agree that David Neuman Photography is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold David Neuman Photography and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, or Services any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAVID NEUMAN PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DAVID NEUMAN PHOTOGRAPHY MAKES NO WARRANTY THAT (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PRODUCTS OR SERVICES OFFERED ON IT WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAVID NEUMAN PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAVID NEUMAN PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DAVID NEUMAN PHOTOGRAPHY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DAVID NEUMAN PHOTOGRAPHY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR PRODUCTS OR SERVICES OFFERED ON THE SITE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
You agree that David Neuman Photography in its sole discretion, may suspend or terminate your use of the Site or Services and remove and discard any content within the Site or Services, for any reason, including, without limitation, for lack of use or if David Neuman Photography believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or Services, may be referred to appropriate law enforcement authorities. David Neuman Photography may also in its sole discretion and at any time discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Services under any provision of this Terms of Service may be effected without prior notice. Further, you agree that David Neuman Photography will not be liable to you or any third party for any termination of your access to the Site.
You agree that you are solely responsible for your interactions with any other user in connection with the Site or Service and David Neuman Photography will have no liability or responsibility with respect thereto. David Neuman Photography reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and David Neuman Photography and govern your use of the Service, superseding any prior agreements between you and David Neuman Photography with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and David Neuman agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of David Neuman Photography to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of David Neuman Photography, but David Neuman Photography may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.