TERMS OF USE

A.  OVERVIEW

Welcome to the website thebestofphotography.com (the “Site”).  The Site is an online service owned by Martin Bernier Photographe.   This Terms of Use agreement (the “Agreement”) describes the terms and conditions under which thebestofphotography.com permits your use of the Site, and any other services of thebestofphotography.com that display this Agreement (collectively with the Site and services, the “Services”).  This Agreement constitutes a legal agreement between you and thebestofphotography.com.  Use of this Site or any of the other Services is also governed by thebestofphotography.com’ Privacy Policy, which is incorporated into this Agreement by reference.

By viewing, interacting with, submitting information to, or otherwise using the Services, you agree to be bound by this Agreement.  If you do not wish to be bound by this Agreement, you must not use the Services.

We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time.  By using the Services after such changes are posted, you agree to be bound by the changes.  

B.  DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES

thebestofphotography.com specifically disclaims all responsibility for the actions or inactions of advertisers, contractors, subcontractors, Web site developers and hosts, freelancers, licensors, licensees and other third parties that may contract with thebestofphotography.com or its affiliates or may otherwise provide information or services to this Site or the Services, even if such third parties provide content to or linked to this Site or the Services – including, without limitation, the providers and third party users of any blogs, forums, chat rooms, personals, classifieds, and other features of this Site or the Services that are powered or provided by third parties.  You agree that your sole course of action with respect to such third parties will be against them directly.  You further agree that you will abide by the terms of use and privacy statements, if any, that they have provided for their website or services, but that in the event of a conflict between their terms and this Agreement, this Agreement applies.

C.  DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES

thebestofphotography.com has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site or the Services.  thebestofphotography.com is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site or the Services.  Viewing of any and all other Web sites shall be at your own risk.

D.  PROHIBITION ON USE / ENFORCEMENT OF TERMS

thebestofphotography.com may at any time, for any reason, prohibit your further use in whole or in part of this Site or the Services.  We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site or the Services.  You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against thebestofphotography.com for any failure by us to enforce this Agreement, whether against you or a third party.  Fstoppers’ failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

E.  ACCESS LIMITS

Without thebestofphotography.com’ express consent, you may not frame any pages from the Site or the Services, place pop-up windows over pages of the Site or the Services, or otherwise affect the display of the Site’s pages or of the Services.  Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site, the Services, or their content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of thebestofphotography.com or its affiliates or contractors (“hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to thebestofphotography.com or by means of this Site or the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission.  thebestofphotography.com grants you permission to link to this Site (without framing it) or the Services, but may revoke this permission at any time for any reason.

Certain content or areas of the Site or Services may be marked “NSFW” or otherwise restricted.  You may not access that content or those areas unless you are of legal age to do so and are in compliance with any additional terms posted in association with those portions of the Site or Services.

F.      PROFILES

By creating a profile on this Site, you understand and agree that any information contained in your profile can be displayed publically and used in a manner consistent with our Privacy Policy.

G.      PURCHASES

You may be able to purchase video recordings, audio recordings, artwork, acrobat files, and information relating to such digital recordings, and other content (individually and collectively, “Digital Content”) and other products or services from the Site or Services. Such purchases are subject to the terms and conditions of this Agreement, including this Section J.

1.  Rights Granted:  Upon your payment of our fees for Digital Content, we grant you a perpetual, non-exclusive, non-transferable, non-sublicensable right to use the Digital Content for your personal, non-commercial, educational, or entertainment use. You may download, copy, store, transfer and burn the Digital Content only for your personal, non-commercial, educational or entertainment use. If you are unable to complete a download after payment is made, please contact us immediately at martinb1100@gmail.com.

2.  Restrictions:  You represent, warrant and agree that you will use the Digital Content only for your personal, non-commercial, educational or entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section J.2. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section J.1 above, you agree that you will not redistribute, transmit, display, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

3.  Refunds:  All Digital Content purchased from the thebestofphotography.com store are covered by a 30 day money back guarantee. If you are not completely satisfied with your purchase, you may request a full refund of the purchase price within 30 days of payment, less any transaction fees.  After 30 days from the date of payment, you may request a partial refund up to 50% of the purchase price, less any transactions fees. You may only request a refund for two tutorials. Refunds for bundles for bundles are not allowed. After two refund requests, no more refunds will be allowed. 

4. Digital Content and other products available through the Services are protected by federal Copyright Laws and any violation of these laws may subject the violator to civil liability and/or criminal prosecution.  

5. Risk of Loss:  You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

H.    PARENTAL CONTROL PROVISIONS

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.

I.     DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THIS SITE AND THE OTHER SERVICES IS AT YOUR OWN RISK.  THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  thebestofphotography.com (including without limitation, for purposes of this Section L of the Agreement, thebestofphotography.com and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


WITHOUT LIMITING THE FOREGOING, thebestofphotography.com MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE OR THE SERVICES, (ii) AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE OR THE SERVICES; (iii) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE OR THE SERVICES; (v) THAT THE CONTENT OF THIS SITE AND THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (vi) THAT THE SITE, THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF FSTOPPERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


thebestofphotography.com DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR THE SERVICES.  THE OPERATION OF THIS SITE AND THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FSTOPPERS.
 
UNDER NO CIRCUMSTANCES SHALL thebestofphotography.com BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE, THE SERVICES, OR ANY DIGITAL CONTENT OR OTHER MERCHANDISE OBTAINED FROM THE SITE OR SERVIES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FSTOPPERS’ RECORDS, PROGRAMS, OR SERVICES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF FSTOPPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.  WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE AND THE SERVICES.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE OR THE SERVICES.

 
 THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

J.   INDEMNIFICATION

You agree to defend, indemnify, release and hold harmless thebestofphotography.com (including without limitation, for purposes of this Section M of the Agreement, thebestofphotography.com, and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this Site, the Services or any Digital Content or other merchandise that you obtain from the Site or Services.  thebestofphotography.com reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with thebestofphotography.com in asserting any available defenses and will pay all of thebestofphotography.com’ attorneys’ fees and costs in such defense.

K.    SEVERABILITY   

The provisions of this Agreement are intended to be severable.  If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

L.    GOVERNING LAW AND JURISDICTION

You agree that the laws of the State of South Carolina will govern this Agreement and your use of this Site and the Services.  The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site or the Services.  You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action.

M.     INTERNATIONAL USE

thebestofphotography.com makes no representation that this Site or the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using this Site or the Services from territories where it is illegal to do so is prohibited.  Any offer for a product or service through this Site or the Services is void where prohibited.  Use of this Site or the Services is done at your own risk and you are responsible for compliance with all local laws.

N.    ASSIGNMENT

You agree that this Agreement and all rights and licenses provided to thebestofphotography.com under this Agreement are fully and freely assignable and sub-licensable by thebestofphotography.com without further compensation to you.

O.    INTEGRATION AND MODIFICATION

Except as otherwise specified herein or in a written agreement signed by thebestofphotography.com, this Agreement constitutes the entire agreement between you and thebestofphotography.com with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and thebestofphotography.com with respect to this Site and the Services.  You may not modify this Agreement other than by obtaining thebestofphotography.com’ signed, written consent to such a modification.

P.     NOTICE / CONTACT

thebestofphotography.com can be contacted at martinb1100@gmail.com 

Legal notices shall be sent to thebestofphotography.com at the following address: martinb1100@gmail.com. Notice will be considered given upon receipt.

thebestofphotography.com is entitled to assume that any address information that you provide to us is correct, and thebestofphotography.com may contact you at such address. Notice to you will be considered given when sent.

Copyright © 2021, thebestofphotography.com . All rights reserved.