TERMS OF USE
Welcome to www.bethanykruska.com (the “Website”)! This website is owned and operated by Novel Media, LLC, d/b/a Bethany Kruska Photography (“we”, “us”, “our”). Your use of this Website (including any feature, content (e.g., photograph(s)) or application offered from time to time by the Website) or of photographs that you receive (“Your Photos”) in connection with photography services we have supplied to you (“Services”)) is subject at all times to these Terms of Use (as the same may be modified by us from time to time without prior notice) and all applicable laws, rules and regulations.
IMPORTANT INFORMATION - PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING THIS WEBSITE AND/OR USING YOUR PHOTOS. BY ACCESSING THIS WEBSITE AND/OR BY USING (INCLUDING WITHOUT LIMITATION, POSTING ONLINE, PRINTING, ETC.) YOUR PHOTOS, YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS. THESE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN YOU AND US! We may change, suspend or terminate this Website and our Services at any time without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website, and you should check for such changes frequently. Your continued access of the Website and/or our Services after such changes conclusively demonstrates your acceptance of those changes.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT ACCESS THIS WEBSITE AND/OR USE YOUR PHOTOS IN ANY MANNER WHATSOEVER.
1. Title & Ownership. This Website and all content and information made available herein (collectively, “Content”), as between you and us, is our sole and exclusive property. All intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.) evidenced by or embodied in and/or otherwise related to the Content, are and shall be owned solely by us. This Agreement does not convey to you an interest in or any rights in the Content, except as otherwise expressly set forth herein. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law.
Notwithstanding the foregoing, upon payment to us by you of the fees due for our Services (which are set forth under the About->Investment link on our website (or otherwise, as applicable, pursuant to any then-current promotion or other mutually agreed rates), we shall provide you with your photographs (“Your Photos”) and you shall have the right to print, reproduce, copy, publish and use Your Photos in any form or media for any personal, non-commercial purpose. You agree however that if you publish any of Your Photos on any social media website or page, you will accord us with a credit in the form below*. Unless and until you make such payment, you acknowledge and agree that you do not have any rights in and to Your Photos. Additionally, you acknowledge and agree that we shall have the right, in our discretion, at any time, to use Your Photos for our marketing and promotional purposes (including without limitation, in our portfolio of photos shown to existing and prospective clients). For the avoidance of doubt, you hereby grant to us, the unrestricted, unlimited, perpetual, worldwide right to use your name, image and likeness, in any medium now known or hereinafter developed in connection with our business and the Services, and any advertising and promotion of same without payment of compensation to you and without seeking any further approval from you.
*Photo Credit: Bethany Kruska Photography
You acknowledge and agree that we have no obligation to maintain or otherwise store copies (digital or otherwise) of Your Photos for a period greater than six (6) months from the date of Services provided to you.
2. Permitted Uses (and things not to do!)
This Website is not intended for, and we have no intention of collecting personally identifiable information (including without limitation, photographs) from, persons under the age of 13 through this Website. Indeed, the only time we, as part of our Services, take photographs of any child under the age of 13 is when we have the express written consent of a parent or legal guardian of that child. If you are a parent of a child 13 years of age or younger and you believe that we may have inadvertently collected personal information from your child, please contact us right away and we will do our best to remove any such information from our records.
This Website is for your personal, non-commercial use only. Please do not use the Website (including any Content) for any other purpose!
Please do not copy, distribute or republish Content without our prior written consent. Without limitation of the foregoing, as a general rule, you are not authorized by us to copy, distribute or otherwise republish photographs of any child unless you are that child’s parent.
Also, it goes without saying that you must not use the Website for illegal purposes. You agree also not to disparage us or our Services in any manner and in any media.
3. No Warranty
Your use of the Website is at your sole risk. The Content and Services are provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to title, merchantability or fitness for a particular purpose to the broadest extent permitted by law. We make no warranties or representations, express or implied with regard to the Content or Services, or otherwise, regarding technical accessibility of the Website.
Because of risks inherent to the Internet, if you download any Content, we cannot be responsible for any damage to your computer system or loss of data that may result from the download of any such Content.
4. Links to Third Party Sites
The Website may provide you with links to third party websites or content. We have no control over, nor do we endorse (unless otherwise expressly stated) any such websites or content. We recommend that you read the privacy and terms of use policies of each third party’s website that you access.
5. Privacy Policy
Please see our “Privacy Policy” here for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.
6. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF ANY FEES PAID TO US BY YOU.
7. Indemnity
You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website (including without limitation, any Content), our Services and/or Your Photos in violation of these Terms of Use.
8. Arbitration
You agree to waive all rights to trial in any action or proceeding instituted in connection with our Services and your use of this Website. You agree that any controversy or claim arising out of or relating to these Terms of Use, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. All such controversies and/or claims submitted to arbitration shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be governed by and construed in accordance with the laws of the State of New York.
9. Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed to be ineffective but shall not affect any other part of these Terms of Use.
10. Waiver
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
11. Miscellaneous
These Terms of Use are governed by U.S. federal law and the laws of the State of Illinois, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the Website. You agree that you must assert all claims against us within one (1) year from the date the claim first accrued. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us.
Please contact us at bethkruska@gmail.com with any questions regarding these Terms of Use.
These Terms of Use were last updated on March 31, 2019.