WEBSITE TERMS OF USE

Last Updated: January 2019

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY IMAGES ON THIS WEBSITE OR MOBILE APPLICATION (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION, INCLUDING THE EMBEDDED VIEWER) (COLLECTIVELY, THE "SITE"), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SITE TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.

 

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with Krispy Photography LLC, its subsidiaries or affiliates, including Christopher Ryan Pierantoni, Christopher Pierantoni and/or Chris Pierantoni as Managing Member of Krispy Photography LLC (collectively, “Krispy Photography”), and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Krispy Photography for violations of these Site Terms.

 

Privacy Policy

Krispy Photography is committed to protecting your privacy. Please refer to our Privacy policy for information on how we collect, use and disclose personal information.

 

Ownership of the Site and its Contents

The Site is owned by Krispy Photography. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Krispy Photography Content"), is owned by Krispy Photography. All elements of the Site, including the Krispy Photography Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. 

 

Use of the Site

You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Krispy Photography Content without, or in violation of, a written license or agreement with Krispy Photography; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Krispy Photography Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Krispy Photography product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Krispy Photography Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the Krispy Photography Content without specific written authorization from Krispy Photography; and (h) using the Site or the Krispy Photography Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

 

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Krispy Photography has adopted a policy of terminating, in appropriate circumstances and at Krispy Photography' sole discretion, persons and companies who infringe the intellectual property rights of Krispy Photography or any third party.

 

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

 

Cooper, LLC

1345 Avenue of the Americas - 2nd Floor

New York, NY 10105

212.878.3636

Attention: Renier P. Pierantoni, Esq. (Partner)

renier@cooperllc.com

 

Trademarks

Krispy Photography Trademarks, the Krispy Photography logo, and any other product or service name or slogan contained in the Site are trademarks of Krispy Photography and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Krispy Photography or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Krispy Photography" or any other name, trademark or product or service name of Krispy Photography without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Krispy Photography and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

Links

You may not use a Krispy Photography logo or other proprietary graphic of Krispy Photography to link to the Site without the express written permission of Krispy Photography. Further, you may not frame any Krispy Photography trademark, logo or other proprietary information, including the Krispy Photography Content, without Krispy Photography' express written consent.

 

Krispy Photography makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Krispy Photography and Krispy Photography is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Krispy Photography provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Krispy Photography of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Krispy Photography shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

 

Indemnification

You agree to defend, indemnify and hold harmless Krispy Photography, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Krispy Photography Content, or your violation of any rights of another.

 

Disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION THE KRISPY PHOTOGRAPHY CONTENT, ARE PROVIDED "AS IS" AND KRISPY PHOTOGRAPHY EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. KRISPY PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE KRISPY PHOTOGRAPHY CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT KRISPY PHOTOGRAPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE KRISPY PHOTOGRAPHY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE KRISPY PHOTOGRAPHY CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Krispy Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Krispy Photography Content, but we make no representations or warranties as to the Krispy Photography Content's accuracy, correctness or reliability.

 

Limitation of Liability

IN NO EVENT SHALL KRISPY PHOTOGRAPHY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE KRISPY PHOTOGRAPHY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KRISPY PHOTOGRAPHY, OR 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 KRISPY PHOTOGRAPHY' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KRISPY PHOTOGRAPHY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KRISPY PHOTOGRAPHY FOR ACCESS TO OR USE OF THE SITE.

 

Applicable Law and Venue

Any dispute relating in any way to your use of the Site or the Krispy Photography Content shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate Krispy Photography' intellectual property rights, Krispy Photography may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

 

Termination

Notwithstanding any of these Site Terms, Krispy Photography reserves the right, without notice and in its sole discretion, to block your use of the Site.

 

Changes to Site Terms

Krispy Photography reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

 

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to Krispy Photography at s0krispyphotos@gmail.com.

 

© 2018 Krispy Photography LLC.  All rights reserved. Terms and Conditions of Use.