TERMS OF SERVICE AGREEMENT
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR AGREEMENT TO, AND COMPLIANCE WITH, THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND YOUR CONTINUED USE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF YOUR USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Glamourstudio.us will from here on be referred to as Glamour Studio." All pages within this website and any material made available to view or for download will from here on be referred to as the "Website." The term "Visitor" will from here on refer to anyone accessing the Website. "You" and "Your" will from here on refer to any Visitor of the Glamour Studio website.
II. INTRODUCTION AND AGREEMENT TO TERMS
Glamour Studio is an online gallery and portfolio website where Visitors may see browse, exhibit, and receive information about various photo and video services as well as order and purchase photographs. It is a flexible commerce-enabled showcase of searchable digital images and digital products taken and/or created by Photographers of Glamour Studio and presented for viewing and acquisition by Visitors. By using this Website, Visitors agree to abide by all the General Terms and Conditions as set forth in Section III, below. In addition to the General Terms and Conditions, Photographers agree to abide by the Photographer Terms and Conditions set forth in Section IV, below.
III. GENERAL TERMS AND CONDITIONS
Glamour Studio reserves the right to modify or add additional conditions to the General Terms and Conditions at any time. Agreement has taken effect and applies to Your use of the Website. Your continued use of the Website shall constitute your acceptance of the User Agreement in effect at the time of your continued use.
Glamour Studio retain their full rights to any content they upload to this Website, including, but not limited to, photographs, videos and digital products, biographies, and business information (the “Photographer Content”)
All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of Glamour Studio or its licensors or suppliers.
B. GENERAL RESTRICTIONS ON USE
All pages within this Website and any material made available for download are the property of Glamour Studio (its licensors or suppliers) and/or Photographers. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on this Website owned by Glamour Studio may be reprinted, republished, modified, or distributed in any form without the express written permission of Glamour Studio. You agree that you shall respect our intellectual property rights and the intellectual property rights of others. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by the terms and conditions of this User Agreement or any applicable end user license agreements are reserved by Glamour Studio.The Website and services provided by Glamour Studio are not intended for and may not be used by people under the age of 13. By using our Website and/or services, you are representing to us that you 13 years or older.
C. PROHIBITED MATERIAL AND ACTIVITIES
You agree that You shall not (1) transmit or post to Glamour Studio or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to You without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors; (6) interfere with other Visitors' use and enjoyment of the Services or the Website; (7) modify, adapt, or hack Glamour Studio or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with Glamour Studio; (8) spam other Glamour Studio users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to Glamour Studio users, including but not limited to any false or misleading advertising or coupons. You agree that Glamour Studio does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website.
Glamour Studio reserves the right to prohibit access of any Visitor in its discretion.
D. REGISTRATION, USER ACCOUNT, USER NAME, PASSWORD AND SECURITY
To register and become a “User” of this Site, you must be 18 years of age to enter into a form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Glamour Studio’s Services under the laws and statutes of the United States or other applicable jurisdiction.
If anyone knowingly provides any information of false, untrue, inaccurate or incomplete nature, Glamour Studio will have sufficient grounds and rights to suspend or terminate the user account in violation of this aspect of the Agreement, and as such refuse any and all Glamour Studio Services, or any portion thereof.
After completion of the registration data and creation of your username, you will receive a random password-which you can change later. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Glamour Studio immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Glamour Studio shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TERMS OF SERVICE AGREEMENT
You agree not to portray Glamour Studio or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website for any purpose or in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of Glamour Studio.
Glamour Studio makes no representations whatsoever about any other site that You may access through this Website. When You access a non- Glamour Studio Website, you understand and agree that it is independent from Glamour Studio, and that Glamour Studio has no control over the content on that site. In addition, you understand that a hyperlink to a non- Glamour Studio site does not mean that Glamour Studio sponsors, is affiliated with, or endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree to accept all responsibility and any liability stemming from Your following or providing a link to another site, including where Your following or providing a link to the other site may lead to infringement of a copyright owned by another.
E. DISCLAIMERS AND LIMITATION OF LIABILITY
Although Glamour Studio attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Glamour Studio so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.
THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. GLAMOUR STUDIO DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. GLAMOUR STUDIO DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM GLAMOUR STUDIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
Limitation of Liability
YOU AGREE THAT GLAMOUR STUDIO, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THIS LIMITATION OF REMEDIES IS PART OF THE BARGAIN BETWEEN THE PARTIES.
You specifically agree to indemnify and hold harmless Glamour Studio, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from (1) Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement; (2) any materials that You submit or post on this Website; or (3) Your misuse of information provided to You by other Visitors. The indemnity provisions contained in this section include but are not limited to reasonable attorney's fees and court costs.
G. INTERNATIONAL USERS
Glamour Studio is located in the United States of America and conducts its transactions in the United States of America. Visitors who reside or do business outside the United States of America specifically agree that their transactions with Glamour Studio take place in the United States of America. They also specifically agree that they shall, to the extent necessary, comply with all the local laws, rules, and regulations applicable to them regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.
H. CHOICE OF LAW AND VENUE
You enter into this agreement in the State of New Jersey and agree that it shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Morris in the State of New Jersey, and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that, in any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
You understand and agree that Glamour Studio may assign its rights under this Agreement. You understand and agree that Your personal information may be transferred to the succeeding entity. You may not subcontract, assign, or otherwise delegate Your obligations under this Agreement without Glamour Studio's prior written consent.
J. ENTIRE AGREEMENT
These General Terms and Conditions constitute the entire agreement between Glamour Studio and Visitors and Users of the Glamour Studio website.