TERMS & CONDITIONS
OWNERSHIP OF THE WEBSITE
This Website is owned and operated by David Aronson of Photo Guy, LLC. All of the photographs featured on this Website are protected by United States and international copyright law. All of the other content on this Website, including without limitation, the graphics, design, and look and feel are owned by Photo Guy, LLC and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection.
All photographs and text within this Website are Copyright © 2009-2018 by Photo Guy, LLC, all rights reserved. Images are presented for web browser viewing only. Nothing contained within this Website may be reproduced, downloaded, stored, copied, manipulated, altered, or used in any form without prior written permission from this Website and/or the stated publication. Using any image as the base for another illustration or graphic content, including photography, is a violation of copyright and intellectual property laws. Violation of copyright will be actively prosecuted.
The logo and the business name are separately USA registered trademarks. Meaning both the business logo and business name are protected when used together, and when used separately by USA trademark laws.
YOUR USE OF MY PHOTOGRAPHS
You can purchase the photographs featured on this Website in the form of photographic prints, or other photographic products (collectively, the “Products”). If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Photo Guy, LLC. Products are intended for your personal use only. You may not use or reproduce a Product in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without prior written consent from Photo Guy, LLC. In addition, you may not reverse engineer, de-compile, or otherwise disassemble using software text or images from this Website.
This Website and its content are provided “as is” and Photo Guy, LLC makes no representations or warranties of any kind, either express or implied, about its images or site including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law. While this Website use reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to this site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can this site ensure that all persons depicted in the photographs have consented to the display of their image on PhotoGuy.Com. If your photograph appears on this Website without your consent and you wish to have it removed, then please Contact me. In addition, this site is unable to make representations or warranties as to the functionality of this site, whether it is free of errors, and whether the server hosting the site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Website are at your own risk. David Aronson, and any employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Website or our photographs.
INDEMNIFICATION AND TERMINATION POLICY
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or products, or any portion thereof, in any manner not authorized by Photo Guy, LLC, or if you otherwise infringe any intellectual property rights relating to the photographs, Products on this Website, you agree to indemnify and hold the Website, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach of this terms of this Agreement. Your privilege to access, use, and contribute to my services depends on your compliance with the following guidelines. I may revoke your privileges to use my service and take any other appropriate measures to enforce my guidelines if persistent violations are brought to my attention. Additional penalties for violations of the Terms & Conditions of this agreement may include, but are not limited to, providing information to authorities (for images of child pornography or child abuse) and civil penalties.
MAKING A RESERVATION
DISCOUNTS AND PROMOTIONAL CODES
All discounts or promotional codes must be entered at the time of purchase for the discount/promotion to be applied. Retroactive requests for discounts or promotions will not be granted.
This Agreement shall be governed by the laws of the State of California without giving effect to any principles of conflicts of law. Photo Guy, LLC reserves the right to make changes to this Website, this Agreement, and the other information contained on this site at any time and without notice. Please refer to these Terms & Conditions when you visit this Website as they may change from time to time. These Terms & Conditions constitute the entire agreement between you and Photo Guy, LLC with respect to the use of this Website and any services. Photo Guy, LLC's failure to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms & Conditions. If a court should find that one or more rights or provisions set forth in these Terms & Conditions are invalid, you agree that the remainder of the Terms & Conditions shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
Welcome. I am David Aronson, the owner of this PhotoGuy.Com website. This page will inform you about my Terms & Conditions for using this website. This website is marketed as "Photo Guy - Photography By David Aronson", but the official business name is "Photo Guy, LLC" and I am also doing business as, "PhotoGuy.Com". All these names will be all-inclusively referred to as "Photo Guy, LLC" or the "Website" from here on out. This page will inform you about the information gathering and dissemination practices for this Website. The following Privacy Policies constitute a legal agreement (the “Agreement”) between you and Photo Guy, LLC. By using this Website, you indicate your acceptance of these Privacy Policies. If you have questions or concerns regarding this statement, you should Contact me online. Also, if you have not already done so, please click here to review the Terms & Conditions that govern your use of this Website.
This information is strictly confidential and Photo Guy, LLC uses your name and contact information only in the following ways: (1) Website gives this information to the vendor who will send you your order; and (2) Website uses this information to send you updates and other information about this site from time to time. If you would prefer not to receive these communications, you can opt out by unchecking the option called “Notify me when my photo gallery closes or other important information about your service” at the time of registration.
If you are uncomfortable with the idea of your information being stored in cookies, it is recommended to disable cookie support in your browser, though please understand this will limit the performance and functionality of this Website. Your browser documentation will provide specific procedures for disabling cookie support.
LINKS TO OTHER WEBSITES
SURVEYS AND CONTESTS
Occasionally, Photo Guy, LLC may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose the requested information. Information requested may include contact information such as name, email and shipping address, or information specific to the survey or contest conducted by this site. Contact information disclosed via contests will be used to notify the winners and award prizes and/or incentives. Contest and survey-generated information will be used generally by this Website to improve its product and service offerings and monitor or enhance the operation of this site.
This Website takes every reasonable precaution to protect users’ information, both online and offline. When registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected through the use of Secure Sockets Layer (SSL). While on a secure page, such as the shopping cart, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked. While these Websites uses SSL encryption and firewall technology to protect sensitive information online, Photo Guy, LLC does everything possible to protect user information off-line. The Credit Card transactions are maintained by a company called Stripe. All information sent to Stripe is encrypted, which will protect it against disclosure to third parties. When your order is received, it is kept encrypted until they’re ready to process it. For further information about Stripe’s privacy and security practices, click here. If you have any questions about the security of this Website, then please Contact me.
RESERVATION OF RIGHT
Your personal information may be disclosed, without notice, only when required by law or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on this site.