Copyright ©2017 by Steve Budman. All rights reserved.
You acknowledge that all materials provided on this website, including but not limited to photographs, information, documents, logos, graphics, sounds, images, animations, user interface designs, layouts, HTML code, CSS code, and other materials (“Contents”), are provided either by Steve Budman or by respective authors or developers and the underlying intellectual property rights are owned by Steve Budman. All Contents within this website are all protected by copyright law. No Contents are to be copied, printed, or downloaded from this site for any use, other than for individual personal use, without specific permission of the authors of said work. To request permission for use, please send an email to Steve Budman.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
The following are terms of a legal agreement between you and Steve Budman. By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
The materials (the “Contents”) on this website (the “Site”) are provided by Steve Budman Photography, Inc. as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials from or otherwise using this Site, you as a user (“you”) agree to these terms and conditions (“Agreement”). If you do not agree to them, do not use the Site or download any materials from it. You agree that this Agreement is the complete and exclusive statement of the agreement between Steve Budman and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Steve Budman relating to the subject matter of this Agreement. This Agreement may be revised at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.
The Contents on this website are intended for informational use only and may not be altered in any way. Any other use including modification, reproduction, distribution, republication, display, performance or creating derivative works of this website’s content is strictly prohibited.
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Steve Budman Photography, Inc.
Limited License; Restrictions
Subject to the terms and conditions of this Agreement, Steve Budman hereby grants you permission to display, cache, and download the Contents on this website provided that: (a) you display the relevant ownership notices provided with the Contents; (b) except as may be provided in a separately executed Agreement between you and Steve Budman, the use of such Contents is solely for your personal, non-commercial and informational use and will not be used for commercial gain; and (c) the Contents are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions.
Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Steve Budman. Also, you may not “mirror” any Contents contained on this website on any other server without prior express written permission.
Except where expressly provided otherwise by Steve Budman, nothing on this website shall be construed to confer any license under any intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Contents provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part. Steve Budman does not provide, sell, license, or lease any of the Contents other than those specifically identified as being provided by Steve Budman.
Any unauthorized use of any Contents contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Ownership of Materials
This Site and Contents located thereon are copyrighted and are protected by worldwide copyright, trademark, trade dress and other intellectual property laws and treaty provisions and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission. Except as expressly provided herein, Steve Budman does not grant, by implication, estoppel or otherwise, any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you in writing or incorporated elsewhere in the Contents.
If you are a Registered User, Steve Budman will issue to you certain passwords and user identification numbers for access to certain areas of the Site. You agree not to disclose such passwords and user identification numbers issued to you to any third party.
Termination of Services or Website
Steve Budman may modify or discontinue its website or the Contents provided here at any time, with or without notice to you and will not be liable to you or any third party as a result of such modification or discontinuation. Steve Budman reserves the right, and sole discretion, at any time, to terminate your access to the Site and/or any of its services without liability to you or any third party. In addition, access to the Site may be monitored by Steve Budman. Upon termination of these Terms, you will immediately destroy any downloaded or printed Contents. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Limitation of Liability
DISCLAIMER: This Site and any Contents are provided “as is” without any express or implied warranty of any kind. The documents and related graphics published on this website could contain technical inaccuracies or typographical errors. Steve Budman hereby disclaims warranties of merchantability, noninfringement, or fitness for any particular purpose.
If you are not satisfied with our website, your sole remedy is to discontinue your use of the website. We shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Contents, or use or inability to use the website. In no event shall Steve Budman nor any officers, directors, employees or agents, be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this website, even if previously advised of the possibility of such damage. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the website and you will not make a claim against Steve Budman nor any officers, directors, employees or agents, for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Contents or the Site, or any other hyper-linked website. You agree to hold Steve Budman harmless from, and you covenant not to sue Steve Budman Photography, Inc. for, any claims based on or related to the use of the website. The effectiveness of these limitations is an express precondition to your use of this website. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Without limiting the foregoing, you should be aware that the Contents may contain errors, omissions, inaccuracies, or outdated information. Steve Budman makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Contents and shall not be liable for any lack of the foregoing. Use of such information is at the user’s own risk. Steve Budman makes no commitment to update the Contents and provides no assurances that any reported problems may be resolved.
Links to Other Sites
This Site may contain links to websites controlled by parties other than Steve Budman Photography, Inc. We are not responsible for and do not endorse or accept any responsibility for the contents or use of these third-party websites. Steve Budman Photography, Inc. reserves the right to terminate any link or linking program at any time. Steve Budman Photography, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Steve Budman Photography, Inc. of the linked website. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
You hereby agree, at your own expense, to indemnify, defend and hold Steve Budman Photography, Inc. , its officers, directors, employees, agents, and partners, harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any third-party claim, action or allegation brought against Steve Budman Photography, Inc. based upon or relating to (a) your use of the Site; (b) a breach by you of the terms and conditions of this Agreement; or (c) any action of you which violates any law, regulation or rights of a third party.
Steve Budman Photography, Inc. controls this Site from its offices within the United States of America. Steve Budman Photography, Inc. makes no representation that the Contents in the Site are appropriate or available for use in other locations, and access to it from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Contents in violation of U.S. export laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its rules governing conflicts of law. The parties agree that the exclusive venue for all actions and arbitrations relating in any manner to this Agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. You shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award or judgment in favor of Steve Budman Photography, Inc. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. No action arising out of this Agreement may be brought by you more than two (2) years after the date the cause of action has accrued. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Steve Budman Photography, Inc. , and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and Steve Budman Photography, Inc. is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.