Acceptance of Terms
The terms of use set forth below (“Terms of Use”) constitute a legal agreement between you, the user, and Photography In Style, Inc., as the provider of the Photography In Style service (“Photography In Style” or “we”). The Terms of Use governs your access to and use of this website and all other websites owned or controlled by Photography In Style or its affiliates, including co-branded websites, and all services offered thereon (such access, use and services, collectively, the “Service”). In addition, when using particular portions of the Service, you shall be subject to guidelines, rules and additional terms (including payment terms) provided by Photography In Style in connection with such portions of the Service, and all such guidelines, rules and terms are hereby incorporated by reference into these Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY. YOU’RE ACCESS TO OR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THE TERMS OF USE. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE. Photography In Style may modify the Terms of Use from time to time. Any modifications shall be effective upon the earlier of the posting of the modified Terms of Use via the Service or upon e-mail notification of the changes to you. It is your responsibility to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Photography In Style, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to these Terms of Use.
Order Form and Account Registrations
In consideration of your use of the Service, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years, and you agree to: (a) provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it accurate and complete. If Photography In Style suspects that your Registration Data is inaccurate or incomplete, Photography In Style may suspend or terminate your account. The Service may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (person under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Service.
Usernames and Passwords
You will receive a username and password upon completing the Service’s account registration process. Your username will be the email address you provide and you will choose a password, based on some parameters. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Service shall be for your personal use only. You agree to (a) immediately notify Photography In Style of any unauthorized use of your username or password and (b) ensure that you exit from your account at the end of each session.
Privacy
Registration Data and certain other information we collect from you in connection with the Service (“Personal Information”) is subject to our Privacy Policy, which can be found at the following link: Privacy Policy, and is hereby incorporate into the Terms of Use by reference. Please read the Privacy Policy before using the Service. Your access to or use of the Service constitutes your acceptance of all the terms of the Privacy Policy, including the transfer of Personal Information to the United States and other countries for storage, processing and use by Photography In Style and its affiliates as part of their operation of the Service.
Use of the Service
You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Service (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Service. Photography In Style does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Photography In Style be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service.
In addition, you represent and warrant that you will not use the Service to do any of the following:
(1) upload, post, transmit or otherwise make available: (1) any Content that infringes any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
(2) any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, defamatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(3) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any 3rd party, content you did not create or content that you did not have permission to post);
(4) any unsolicited communications or advertising not authorized by Photography In Style, promotional materials or any other form of solicitation for any type of information; or
(5) any material that 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; (2) obtain any information or Content from the Service using any robot, spider, scraper or other automated means for any purpose; (3) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (4) intentionally or unintentionally violate any applicable local, state, national or international law; (5) upload any content other than those of a personal nature that: (1) is of you and your friends,
(2) is taken by you or your friends, or
(3) is original art or animation created by you or your friends;
(6) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or (7) collect or store personal data, including but not limited to, email addresses or data about other users in connection with the prohibited activities described in this paragraph.
You agree that Photography In Style may or may not pre-screen Content, but that Photography In Style has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove or move any Content that is available via the Service. Without limiting the foregoing, Photography In Style shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable, in each case as determined by Photography In Style in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity and accuracy of such Content. By posting Content to the Service, you authorize and direct Photography In Style to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the website.
The Service and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by Photography In Style or the providers of the Content. You shall not attempt to override or circumvent any of the usage rules embedded in such security components.
The Service may contain, or third parties may provide via the Service, links to third party websites or resources. Photography In Style has no control over such sites and resources, and you agree that Photography In Style is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Photography In Style may modify, discontinue or suspend any portion of the Service, temporarily or permanently at any time. Photography In Style shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Indemnity
You agree to defend, indemnify and hold harmless Photography In Style, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to attorney’s fees) arising from:
(1) your use of or access to the Service, including any Content you store, reproduce, display, distribute or otherwise make available via the Service; (2) your violation of any term of these Terms of Use and related policies; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that Content you submitted caused damage to a third party. The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Service. Photography In Style shall provide notice to you of any such claim, action or demand and may, in Photography In Style’s sole discretion, assist you, at your expense, in its defense or settlement.
Content License
By submitting Content via the Service, you grant to Photography In Style a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, reproduce, distribute, import, publicly display, publicly perform and digitally perform such Content in connection with Photography In Style’s operation of the Service, and the right to sub-license the foregoing rights (through multiple tiers) to Photography In Style’s business partners, co-branded website operators, and other channels of distribution related to the Service. You also grant Photography In Style the right to sub-license your Content to third-party contractors for the purpose of enabling them to host your Content and otherwise process the Content in connection with Photography In Style’s provision of the Service.
Ownership of the Service
Except for the Content submitted by users, the Service, including without limitation all content and photographs displayed on the Service and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Photography In Style or its licencors You acknowledge that the Service, the content and photos displayed on the Service and any underlying technology or software used in connection with the Service contain Photography In Style’s proprietary information. You may not reproduce, distribute, create derivative works of, publicly display or commercially exploit any part of the Service, including without limitation, photographs, except as expressly provided by Photography In Style and the Photography In Style logo are trademarks of Photography In Style or its affiliates. All rights in the Service not expressly granted by Photography In Style to you are retained by Photography In Style.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any content available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Photography In Style pursuant to the Digital Millennium Copyright Act by providing Photography In Style with the following information in writing:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Photography In Style site, with enough detail that we may find it on the website; (4) Your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Photography In Style’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By phone: 1-631-403-0209
By email: info@photographyinstyle.com
Please note that due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Termination
You acknowledge that Photography In Style has the right, but not the obligation, to suspend or terminate your access to all or part of the Service and remove any Content you submit to the Service without prior notice (a) at the request of law enforcement or other government agencies, (b) if the Service is discontinued or materially modified, (c) upon the occurrence of any technical or security issues or problems, (d) if you engage in any conduct that Photography In Style believes in its sole discretion violates any provision of the Terms of Use or other incorporated agreements or guidelines or violates the rights of Photography In Style or third parties, or (e) upon any breach by you of these Terms of Use. In addition, Photography In Style may upon notice terminate individual user accounts that have been inactive for more than 1 year. You agree that upon termination Photography In Style may delete all Content and all information related to your account.
Content and Warranty Disclaimer
THE SERVICE IS PROVIDED BY PHOTOGRAPHY IN STYLE AND ITS PARTNERS “AS IS,” AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER PHOTOGRAPHY IN STYLE NOR ITS PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE. IN ADDITION, PHOTOGRAPHY IN STYLE AND ITS PARTNERS, PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOGRAPHY IN STYLE DOES NOT WARRANT OR COVENANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. PHOTOGRAPHY IN STYLE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO THE SERVICE, (E) ANY BUGS, VIRUSES, ERRORS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) 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 CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTOGRAPHY IN STYLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. Photography In Style makes no representations that the Service is appropriate or available for use in locations other than the United States of America, from where it is controlled and offered by Photography In Style. Those who access or use this website from other jurisdictions are responsible for compliance with local law.
Ability to Accept Terms of Use
In order to use the Service, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, in order to view the website, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then you are not authorized to use or view the website.
General
The Terms of Use will be governed by and construed in accordance with the laws of the State of New York as applied to contracts entered into by residents thereof and performed entirely within the State. If any provision or portion thereof of the Terms of Use is found to be contrary to law, the interpretation of such provision or portion thereof shall be modified solely as necessary to comply with law and such provision will be construed, as nearly as possible while complying with law, to reflect the provision as drafted, and all other provisions shall remain in full force and effect. The term “including” means “including without limitation” as used herein. Photography In Style’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Photography In Style in writing. These terms and conditions constitute the entire agreement between you and Photography In Style with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign the Terms of Use to any other party and any attempt to do so is void. There shall be no third-party beneficiaries to the Terms of Use. 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 the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The Terms of Use, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned or transferred by Photography In Style without restriction. Photography In Style may amend these Terms of Use at any time. Photography In Style may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail or postings on the Service.