Steven Taylor Photography Website User Agreement
Effective May 1, 2017
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR AGREEMENT TO, AND COMPLIANCE WITH, THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND YOUR CONTINUED USE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF YOUR USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Steven Taylor Photography and Stevencwtaylor.com will from here on be referred to as " STP." All pages within this website and any material made available to view or for download will from here on be referred to as the "Website."
The term "Visitor" will from here on refer to anyone accessing the Website.
"You" and "Your" will from here on refer to any Visitor of the STP website.
The term "Photographer" refers to Owner, Steven Taylor. The term "Purchaser" refers to any Visitor of the website purchasing photographs or products from STP via Stevencwtaylor.com.
II. INTRODUCTION AND AGREEMENT TO TERMS
STP is an online portfolio where Visitors may browse, subscribe for updates, purchase prints and merchandise, book appointments, inquire about STP, and leave testimonials. By using this Website, Visitors agree to abide by all the General Terms and Conditions as set forth in Section III, below.
III. GENERAL TERMS AND CONDITIONS
STP reserves the right to modify or add additional conditions to the General Terms and Conditions at any time. Please check for updates to the User Agreement. Our User Agreement will indicate the date on which we published it and it came into force. For 30 days after introducing a revised version of the User Agreement we will indicate on our home page that a revised User Agreement has taken effect and applies to Your use of the Website. Your continued use of the Website shall constitute your acceptance of the User Agreement in effect at the time of your continued use.
Photographer (Steven Taylor) retains full rights to any content uploaded to this Website, including, but not limited to, photographs, videos and digital products, biographies, and business information (the “Photographer Content”) and Visitors shall not acquire any rights to Steven Taylor’s Content except as expressly granted in Section IV.E.
User Generated Content
For the purpose of improving and promoting STP products and/or services, user Generated Content, shall include, but is not limited to, comments about this Website or about STP products and/or services, testimonials/comments submitted by Visitor’s entries. STP reserves the right to amend, redact and/or delete comments for any reason.
All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of STP or its licensors or suppliers.
B. GENERAL RESTRICTIONS ON USE
All pages within this Website and any material made available for download are the property of STP. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on this Website owned by STP may be reprinted, republished, modified, or distributed in any form without the express written permission of STP. You agree that you shall respect our intellectual property rights and the intellectual property rights of others. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by the terms and conditions of this User Agreement or any applicable end user license agreements are reserved by STP.
The Website and services provided by STP are not intended for and may not be used by people under the age of 13. By using our Website and/or services, you are representing to us that you 13 years or older.
C. PROHIBITED MATERIAL AND ACTIVITIES
STP reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. Furthermore, You agree that You shall not (1) transmit or post to the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to You without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors; (6) interfere with other Visitors' use and enjoyment of the Services or the Website; (7) modify, adapt, or hack STP or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with STP; (8) spam other STP users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to STP users, including but not limited to any false or misleading advertising or coupons.
You agree that STP does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website.
STP reserves the right to prohibit access of any Visitor in its discretion.
D. LINKS TO AND FROM STP
You agree not to portray STP or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website for any purpose or in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of STP.
STP makes no representations whatsoever about any other site that You may access through this Website. When You access a non- STP Website, you understand and agree that it is independent from STP, and that STP has no control over the content on that site. In addition, you understand that a hyperlink to a non- STP site does not mean that STP sponsors, is affiliated with, or endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree to accept all responsibility and any liability stemming from Your following or providing a link to another site, including where Your following or providing a link to the other site may lead to infringement of a copyright owned by another.
E. TRADEMARK NOTICE
STP, Stevencwtaylor.com, Steven Taylor Photography, and The Time Thief are logos, trademarks, and/or service marks of STP. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
F. PURCHASE TERMS
Purchasers acknowledge that physical products purchased through this Website are purchased for personal use only and are custom made to Purchaser's order and have no market beyond Purchaser's purchase thereof. Purchasers may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent of Photographer.
Purchasers acknowledge that products (including digital products, digital prints, and all STP merchandise) purchased through this Website are purchased subject to the terms set forth by the Photographer in this agreement, and the acquisition of a copy of a work (digital or not) does not itself convey any rights to Purchasers under copyright or other laws to exploit the work. Purchasers acknowledge that STP provides NO warranties for ANY items purchased.
G. RISK OF LOSS OF SHIPMENTS
To the extent permissible by law, all items purchased through STP and shipped to Purchaser by Photographer are subject to a shipment contract under which the risk of loss and title for such items pass to Purchaser upon STP 's or Photographer's delivery to a shipping carrier.
H. DISCLAIMERS AND LIMITATION OF LIABILITY
Although STP attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the unforeseen errors in correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform STP so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.
THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMISSIBLE BY LAW, STP DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. STP DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE COMPLETE, CURRENT, OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM STP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, YOU AGREE THAT STP, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
NOTWITHSTANDING THE FOREGOING, ALL OR ANY PRODUCTS OF STP'S ORDERED THROUGH THE WEBSITE AND/OR IN PERSON AND ANY OTHER FEES ARE FINAL AND WILL NOT BE REFUNDED FOR ANY REASON. ALL SALES ARE FINAL
You specifically agree to indemnify and hold harmless STP, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from (1) Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement; (2) any materials that You submit or post on this Website; or (3) Your misuse of information provided to You by other Visitors. The indemnity provisions contained in this section include but are not limited to reasonable attorney's fees and court costs.
J. INTERNATIONAL USERS
STP is located in the United States of America and conducts its transactions in the United States of America. Visitors who reside or do business outside the United States of America specifically agree that their transactions with STP take place in the United States of America. They also specifically agree that they shall, to the extent necessary, comply with all the local laws, rules, and regulations applicable to them regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.
K. CHOICE OF LAW AND VENUE
You enter into this agreement in the State of Pennsylvania and agree that it shall be governed by and construed in accordance with the laws of the State of Pennsylvania, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Philadelphia in the State of Pennsylvania, and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that, in any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorney fees.
You understand and agree that STP may assign its rights under this Agreement. You understand and agree that Your personal information may be transferred to the succeeding entity. You may not subcontract, assign, or otherwise delegate Your obligations under this Agreement without STP’s prior written consent.
M. ENTIRE AGREEMENT
These General Terms and Conditions constitute the entire agreement between STP and Visitors pertaining to the subject matter of this Agreement. In its sole discretion, STP may modify these General Terms and Conditions by posting the revised version on this Website as stated above. If any of the provisions of this User Agreement are found invalid, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining User Agreement. Violation of the terms and conditions of this User Agreement may prompt STP to take any action STP deems necessary or appropriate to enforce its rights including but not limited to the institution of legal proceedings.
IV. STP SERVICES
A. PHOTOGRAPHER SERVICES
Subject to the terms and conditions as set forth in this Agreement, STP may provide Visitors with the services (hereafter referred to as "Photographer Services") described on the STP Services webpage. STP may offer different levels of Photographer Services at any given time. It is each Visitor's responsibility to be informed of these terms and conditions, as well as the various levels of services provided by STP. For detailed description of different levels of services available please refer to the STP Services Webpage.
B. VISITOR’S RESPONSIBILITIES
Visitor’s looking to purchase digital prints on canvas will have the option of placing orders to be fulfilled by STP directly, using print labs and shipping methods selected by Photographer.
Photographer agrees that they shall be solely responsible for processing orders placed for fulfillment by Purchasers. It is the Photographer's responsibility to fulfill Purchaser's orders placed for fulfillment within a reasonable time of the placement of the order.
Purchasers will pay STP in full at the time the order is placed. Purchaser’s will have a 24hour window to cancel any order placed through this website. After the allotted time, all funds are non-refundable.
Each website created as part of the Photographer Services (a “Photographer Website”) shall contain a link to a User Agreement, which governs the relationship between Visitors to the STP Website. Visitors shall not post any terms that conflict with or attempt to modify the terms of the User Agreement.
C. LICENSE GRANTED BY PHOTOGRAPHER
By hiring STP to provide photography services, You the Client grant STP full rights to all images and or videos. Here there after, STP has full rights to use, reproduce, alter (of any kind), transmit, publicly display, distribute, and make available for purchase, and sell images.
Further, the Client understands and agrees that STP may (but is not obligated to) keep archives of Photographer Content for the purpose of maintaining business records and preserving evidence. The Photographer owns or otherwise controls all of the rights to the Photographer Content; and the performance of this Agreement by the parties does not and will not violate, misappropriate or infringe upon any copyright, trademark, proprietary right, right of publicity, privacy right, moral right, or other intellectual property right of any third party.
D. CONTENT DOWNLOAD COMPONENT
By agreeing to and purchasing the Photographer’s Services, each Client agrees to download a copy of their images for personal use only.