Terms and Conditions of Use
The content of the Site, such as text, graphics, images, information, and other material contained on the Site (“Content”) are for informational purposes only.
Accordingly, all photos created by Square Foot Photography LLC are solely and exclusively owned by Square Foot Photography LLC. As such, Square Foot Photography LLC reserves all rights of ownership including but not limited to the distribution, publication, alteration, sale and duplication of any and all photos provided to You by Square Foot Photography LLC for whatever reason in Square Foot Photography LLC’s sole and absolute discretion.
Square Foot Photography LLC claims no ownership interest in any of the Content which not created by Square Foot Photography LLC (including, without limitation, master recordings, artwork and photographs) and is posted by our members, and the copyright to all such Content shall remain with its original owner. By posting Content via Square Foot Photography LLC, our members warrant and represent that they own the Content posted by them or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party.
Square Foot Photography LLC does not prescreen nor endorse any Content produced by its members and made available through the Site. The Content provided by members on or through the Site may contain inaccurate, inappropriate, incomplete, untruthful or offensive material and/or products or services for which Square Foot Photography LLC assumes no responsibility or liability. You acknowledge and bear all risk associated with the use of any Content made accessible through the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
Except as expressly provided, no service conferred by Square Foot Photography LLC or use of the Site shall be construed as conferring any license under any of Square Foot Photography LLC’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of Square Foot Photography LLC and its affiliates, licensors (including, without limitation, members, artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Square Foot Photography LLC in connection with the Site.
You are not granted a license or any other right to store any of the information from the Site (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Any use of the Site other than as specifically authorized herein, without the prior written permission of Square Foot Photography LLC, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
Intellectual Property Infringement Claims
It is our policy to respond expeditiously to claims of intellectual property infringement. Square Foot Photography LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with federal copyright, trademark and/or patent law, Square Foot Photography LLC will promptly remove or disable access to the material, link and/or activity claimed to be infringing and/or suspend or terminate the alleged infringer. Square Foot Photography LLC will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to firstname.lastname@example.org.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Square Foot Photography LLC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Square Foot Photography LLC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Square Foot Photography LLC, including any Site account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Square Foot Photography LLC’s systems or networks, or any systems or networks connected to the Site or to Square Foot Photography LLC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Square Foot Photography LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Square Foot Photography LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Square Foot Photography LLC or any other user of or visitor to the Site due to someone else using your Site ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. Square Foot Photography LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Square Foot Photography LLC Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Square Foot Photography LLC’s control, and Square Foot Photography LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Square Foot Photography LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Square Foot Photography LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Square Foot Photography LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Square Foot Photography LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Square Foot Photography LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Square Foot Photography LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Square Foot Photography LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Square Foot Photography LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Square Foot Photography LLC has been advised of the possibility of such damages.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Square Foot Photography LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Square Foot Photography LLC by any third party due to or arising out of or in connection with your use of the Site.
Square Foot Photography LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Square Foot Photography LLC’s rights or property, or the rights or property of visitors to or members of the Site, including Square Foot Photography LLC’s customers. Square Foot Photography LLC reserves the right at all times to disclose any information that Square Foot Photography LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Square Foot Photography LLC also may disclose your information when Square Foot Photography LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Square Foot Photography LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Square Foot Photography LLC administers and operates the Site from its location in Austin, Texas USA; other Square Foot Photography LLC sites may be administered and operated from various locations in or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Square Foot Photography LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Feedback and Information
Any feedback you provide at the Site shall be deemed to be non-confidential. Square Foot Photography LLC shall be free to use such information on an unrestricted basis.