Terms of Service

PHOTOBAUMY

Terms and Conditions of Website Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY BROWSING THIS WEBSITE OR USING ANY OF ITS FEATURES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE PLEASE REDIRECT YOUR BROWSER OR EXIT THE WEBSITE.

This Agreement sets forth guidelines for the use and viewing of the PhotoBaumy website. By browsing our site, you agree to these Terms of Use. PhotoBaumy reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. PhotoBaumy will post any changes to these Terms of Use on the Site. We encourage you to periodically review this page for the latest information on our Terms of Use.

Intellectual Property Rights
You acknowledge and agree that our website contains service information, data, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, marks, and/or other material (collectively referred to as “Content”) which may be protected by copyright, trademark, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.

All content displayed on this website and all software, data and information used to create the website and the content, including text and images, method of display and presentation, source code, object code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by PhotoBaumy, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us are reserved by PhotoBaumy and you acknowledge and agree that you do not acquire any ownership rights by accessing any content from the website.

Notification of Claimed Copyright Infringement

We respect the intellectual property of others and we ask our website users to do the same. If you believe that your work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

A description of the copyrighted work that you claim has been infringed;
Identification of the URL or other specific location on our website where the material you claim is infringing is located;
Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.

Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, we designate the following individual as agent for receipt of notifications of claimed copyright infringement:

ELB Creative Studios, LLC

Attention: Copyright Notice

By Email: _____________

Privacy Of Images

PhotoBaumy’s website includes some images from prior photography sessions with other clients. These clients have provided PhotoBaumy permission to include these photographs, which contain the likeness of private individuals, on its website. The permission is limited to PhotoBaumy and does not extend to any user of our website. The rights to the likeness of the private individuals included in the images are reserved by the individuals, themselves, and PhotoBaumy. You do not acquire any rights to the individual’s likeness by accessing such images on the PhotoBaumy website.

Voluntary Submission
PhotoBaumy collects website user information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your name, mailing address, and e-mail address. When you provide information to PhotoBaumy, you agree to provide only true, accurate, current and complete information. Any personal information will be collected in accordance with, and for the express purposes as set forth in our [Insert Privacy Policy Link].

Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PHOTOBAUMY, ITS AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, IN NO EVENT WILL PHOTO BAUMY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
Users of the website agree to defend, indemnify and hold harmless PhotoBaumy and its affiliates and their respective directors, members, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of the use of the website.

COPPA Notice
CHILDREN ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION

This Site was not designed for anyone under the age of 13. We are not responsible for any access or use of the Site by children or minors under the age of 13.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering Sites) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.

Governing Jurisdiction
This website operates within the United States and can be accessed from the United States and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the United States, by accessing this website, you agree that all matters relating to access to, or use of, the website, or any hyperlinked website, shall be governed by the laws of the United States of America without regard to any principals of conflicts of law.

Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Furthermore, we make no representation that the content on the website is appropriate or available for use in locations outside the United States, and accessing them from territories where such content is illegal and prohibited. Those who choose to access the website from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.

PhotoBaumy does not actively target or market to any EU member state and does not, to its knowledge, process or control any EU citizen personally identifiable information. Despite this fact, this Agreement in conjunction with our Privacy Policy and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our users’ information in accordance with the GDPR.

Miscellaneous Terms
These Terms of Use constitute the entire agreement and understanding between us, superseding any prior agreements and understandings, and govern your use of the website. Our failure to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. The section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect.

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

Any rights not expressly granted herein are reserved by and for PhotoBaumy.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.