1. General
We at Christian Cruz Photography (referred to as “we”) welcome you to the www.christiancruzphotography.com website. Please review the following Terms and Conditions (“Terms and Conditions”) governing your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by these Terms and Conditions. We may modify these Terms and Conditions or other policies set forth on the Site from time to time. When we modify these Terms and Conditions, we will update the “Last Updated” line above. It is your responsibility to regularly review these Terms and Conditions. Your use of our website following the posting of an updated Terms and Conditions constitutes your acceptance of such updated Terms and Conditions.
The information provided by our website is intended solely for informational purposes and is not intended to be used for medical diagnostic purposes or to serve as a recommendation for treatment and/or management of any medical condition. Information on our website should not be used in place of consultation with a physician or other qualified health provider.
2. License to Use Site
We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of our website. You may not download (other than page caching) or modify any content from our website. This license does not include the right to any resale or commercial use of any content on this website; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of our website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information of Christian Cruz Photography (including images, text, page layout, or form) without our express written consent. You may not use any meta tags, meta names or any other “hidden text” that uses our name or trademarks without our express written consent. Any unauthorized use of our website will terminate the license.
3. E-Mails
When you visit www.christiancruzphotography.com or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by electronic mail, a general notice posted on an Christian Cruz Photography site, or by written communication delivered by overnight courier or US mail sent to the mailing address we have for you in our records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
4. Copyright Protection
All content included on our website, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, belongs to us or our content suppliers and is protected by United States and international copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on our website is also our exclusive property and is protected by United States and international copyright laws. You may use the content on our website as a personal shopping and/or information resource. Any other use, including any reproduction, modification, distribution, transmission, republication, display or performance of our website content for commercial purposes, is strictly prohibited. We maintain a copyright piracy surveillance program and we vigorously enforce our ownership rights in our website content. Our website as a whole is protected by copyright and trade dress rights, which we own.
5. Trademark Protection
Christian Cruz Photography and other marks, logos, and icons used on our website are trademarks or trade dress owned by us protected by the laws of the United States and other countries. Such trademarks and trade dress may not be used in connection with a third party’s product or service in any manner that is likely to cause confusion as to source, or in any manner that disparages or dilutes the strength of those trademarks. Nothing contained in these terms of use or on our website should be construed as granting any license or right to use any trademark appearing on the website without our express written permission.
6. User Content
User Content means all ideas, information or content – which would include, user reviews, comments, feedback and other user-generated submissions – in all forms, including, but not limited to, images, graphics, data, software, photographs, videos, sounds, music, audio recordings, that you:
(i) submit or post on our Website, on any of Christian Cruz Photography’s blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
(ii) posted or uploaded to social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, tagged with #ChristianCruzPhotography or other Christian Cruz Photography promoted hashtags.
Rights you are granting us to User Content
By submitting User Content, you grant to Christian Cruz Photography and its affiliates, its third-party service providers who provide content storage or management services, and its retail partners (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right to use, copy, publish, sell, display, broadcast, host, archive, store, cache, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or later developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution, and without further notice or obligation to you and without payment of money or any other form of consideration.
Representations you are making about the User Content
By submitting User Content, you represent and warrant that (i) you own or control all rights in and to your User Content, and if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to create your User Content and to grant the rights granted to us above, including permission from all person(s) appearing in your User Content; (ii) you are 18 years of age or older; (iii) your User Content does not contain false or misleading information; (iv) you are legally entitled to create and make available your User Content, and the Licensed Parties’ use of your User Content as described above will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law; and (v) your User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, offensive, threatening or otherwise harassing or hateful content. You are solely responsible for your User Content and hereby release and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
Product Reviews
We encourage you to submit product reviews. While we generally will display reviews in their original form, we may edit reviews by shortening them. If you submit a review, your email address and other nonpublic personally identifiable information that we have about you will be kept private. Any personally identifiable information that you submit as part of your review will be public and can be used by other visitors to the Website.
7. Disclaimer of Warranties and Limitation of Liability
OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR THE E-MAIL WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE INFORMATION ON OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIAIBLITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SERVICE PROVIDERS) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
