Terms Of Service
The effective date of this Agreement is October 1st, 2014.
1. Description of Services
NYC Family Photographers is an online application that helps people imagine and plan family photography session online. If you choose to contact one of the photographer options we recommend in the search results, you are sent to the third party supplier’s website where you can communicate with that photographer directly.
You must be at least 18 years old. In addition, you may not use Our website or accept the Terms of Service if (i) you are not of legal age to form a binding contract, or (ii) you are prohibited by law from receiving or using Our Website. By accessing or using Our Website, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use Our Website on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service. Our Website is administered in the US and intended for US users; any use outside of the US is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of Our Website.
3. Changes to the Agreement or Our Website
NYC Family Photographers reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you are aware of any changes. A copy of the current Terms will be readily accessible at all times on Our Website. Your continued use of Our Website following any modifications indicates your acceptance of the modified Terms.
4. Registration and Security
In order to use or access portions of Our Website, you may be required to register with NYC Family Photographers. If you register, you agree to:
- provide NYC Family Photographers with accurate, current, and complete registration information (“Registration Information”);
- maintain and promptly update the Registration Information, and any other information you provide to NYC Family Photographers, and to keep it accurate, current and complete;
- accept all risks of unauthorized access to the Registration Information and any other information you provide to NYC Family Photographers.
Failure to comply with these provisions shall constitute a breach of these Terms, which may result in immediate termination of your account.
5. Restrictions on Rights to Use Our Website
You shall not, and you agree not to allow any third party to: modify, adapt, translate, or reverse engineer any portion of Our Website; remove any copyright, trademark or other proprietary rights notices contained in or on Our Website; use any robot, spider, software routine, scraper, other automatic device, or manual process to access, query, monitor and/or copy any Content available on Our Website for any purpose; collect any information about other users or members (including usernames, names and/or email addresses) for any purpose; create user accounts by automated means or under false or fraudulent pretenses; create or transmit unwanted electronic communications such as “spam” to other users or otherwise interfere with other user’s enjoyment of Our Website; submit any third party materials or Content without such third party’s prior written consent; submit any Content or materials that falsely suggest or imply that such Content or materials are sponsored or endorsed by NYC Family Photographers; submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party; transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use of Our Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; copy or store any Content offered on Our Website for other than your own use; submit Content or materials that are unlawful or promote or encourage illegal activity; use a frame or other border around Our Website, or other framing method to enclose any portion or aspect of Our Website, or mirror or replicate any portion of the Our Website; submit false or misleading information to Our Website; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; use Our Website intentionally or unintentionally, to violate any applicable local, state, national or international law; or collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Linking to the Site
You may provide links to NYCFamilyPhotographers.com, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on NewYorkCityiFamilyPhotographers.com, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to NYCFamilyPhotographers.com immediately upon request by NYCFamilyPhotographers.
NYCFamilyPhotographers.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on NYCFamilyPhotographers.com is accurate and complies with applicable laws. NYC Family Photographers is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, NYCFamilyPhotographers.com may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. NYCFamilyPhotographers does not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
9. Errors, Corrections and Changes.
NYCFamilyPhotographers does not represent or warrant that NYCFamilyPhotographers.com will be error-free, free of viruses or other harmful components, or that defects will be corrected. NYCFamilyPhotographers does not represent or warrant that the information available on or through NYCFamilyPhotographers.com will be correct, accurate, timely or otherwise reliable. NYCFamilyPhotographers may make changes to the features, functionality or content of NYCFamilyPhotographers.com at any time. NYCFamilyPhotographers reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on NYCFamilyPhotographers.com.
10. Content Posted By You on Our Website
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You understand and agree that NYC Family Photographers may review and delete any Content that in the sole judgment of NYC Family Photographers violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of Our Website and/or other users. You are solely responsible for the any Content that you publish or display on Our Website or transmit to other members and/or other website users. You are solely responsible for your ratings and reviews of photographers listed on Our Website. NYC Family Photographers reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed. You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information. By publishing Content on Our Website, you agree to and hereby do grant NYC Family Photographers and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through Our Website. NYC Family Photographers reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from Our Website and terminating the membership of such violators or blocking your use of Our Website. You may not post Content that:
- is false or intentionally misleading;
- is blatantly offensive to users of Our Website, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- includes unsolicited promotions, commercial overtures, political campaigning, advertising or solicitations;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or rcommends providers that solicit personal information from anyone under 18.
Except for the Content submitted by users of Our Website, the trademarks, service marks, brands, names, logos and designs (“Trademarks”) of NYC Family Photographers or others used on Our Website are the property of NYC Family Photographers or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on Our Website without the express prior written permission of NYC Family Photographers or the respective owner, and nothing contained on Our Website grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the content appearing on Our Website, including but not limited to, the look and feel of Our Website, text, information, site design, graphics, images, sound, video, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of NYC Family Photographers or its licensors, copyright by NYC Family Photographers 2014, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
12. Copyright Dispute Policy
NYC Family Photographers respects the intellectual property rights of others. If you believe that NYC Family Photographers or any user of Our Website has infringed your copyright in any way, please notify NYC Family Photographers’s copyright agent, and provide the following information:
1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work.
2) An identification of the copyrighted work claimed to have been infringed.
3) An identification of the material that you claim is infringing so that we may locate it on Our 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 owner, its agent or the law.
6) A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. NYC Family Photographers’s copyright agent can be reached by email at NYCFamilyPhotographers [at] gmail [dot] com.
NYC Family Photographers may terminate your access to Our Website with or without cause at any time and effective immediately, at NYC Family Photographers’s sole discretion, including but not limited to your failure to conform with the Terms. NYC Family Photographers shall not be liable to you or any third party for termination of use of Our Website. Upon termination, your right to use Our Website shall cease immediately.
15. Disclaimer of Warranty
THE USE OF OUR WEBSITE IS PROVIDED BY NYC FAMILY PHOTOGRAPHERS ON AN “AS IS” BASIS. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NYC FAMILY PHOTOGRAPHERS FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT OUR WEBSITE AND NYC FAMILY PHOTOGRAPHERS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NYC FAMILY PHOTOGRAPHERS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ON ITS BEHALF AND ON BEHALF OF ITS AGENTS AND AFFILIATES, LIABILITY FOR ERRORS AND INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, VENDOR DESCRIPTIONS, RATINGS, PHOTOGRAPHS, SERVICES, ETC., THE MAJORITY OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS AND OTHER THIRD PARTIES. ANY RATINGS DISPLAYED ON THIS WEB SITE ARE ONLY INTENDED TO PROVIDE GENERAL INFORMATION AND GUIDELINES, AND NYC FAMILY PHOTOGRAPHERS DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS OR ACCEPT ANY LIABILITY FOR ANY INACCURACIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NYC FAMILY PHOTOGRAPHERS OR THROUGH OR FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NYC FAMILY PHOTOGRAPHERS OR ITS PARTNERS, AGENTS, AFFILIATES, THIRDPARTY SUPPLIERS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FORANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISINGOUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF NYC FAMILY PHOTOGRAPHERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON OUR WEBSITE, FROM INABILITY TO USE OUR WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF OUR WEBSITE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES. BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL NYC FAMILY PHOTOGRAPHERS’S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR WEBSITE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF NYC FAMILY PHOTOGRAPHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend, indemnify and hold harmless Fine Connections, its affiliates, officers, directors, shareholders, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, legal and accounting fees, from any claim or demand made by any third party due to or arising out of 1) your access to Our Website, 2) your use of Our Website, 3) the violation of these Terms by you, or 4) the infringement by you, or any third party using your account or username or password, of any intellectual property or other right of any person or entity.
You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If there is any dispute about or involving Our Website you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York City. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind NYC Family Photographers in any respect whatsoever. These Terms, accepted upon use of Our Website, and all terms, guidelines and rules referenced herein contain the entire agreement between you and NYC Family Photographers regarding the use of Our Website. The failure of NYC Family Photographers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with NYC Family Photographers’s prior written consent. The section titles in these Terms are for convenience only and have no legal or contractual effect.
19. Contact and Violations
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future updates to Our Website or future services developed by NYC Family Photographers. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of NYC Family Photographers.
Please contact us with any questions or violations of these Terms by sending an email to NYCFamilyPhotographers@gmail.com.
20. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of NYCFamilyPhotographers.com and the Content and Materials provided therein.