1. AGREEMENT OF TERMS
1.2. In order to further license and/or download Media from the Website, you are required to sign up and register to create an account.
1.3. Todd Klassy Photography does not intend to either solicit, collect, use or disclose personal information we gather during the course of business with any person or persons who is/are under the age of majority in their jurisdiction of residence (hereafter “Child” or “Children”). Children are not authorized to use the Website unsupervised and are not authorized to create an account, or submit any personal information to Todd Klassy Photography, or to contribute Media to or license Media from the Website without adult supervision. By using the Website, and/or signing-up with Todd Klassy Photography you warrant that you have reached the age of majority in your jurisdiction of residence.
1.4. Todd Klassy Photography reserves the right to change the Terms & Conditions at any time without notice. It is your responsibility to review the Terms & Conditions regularly. Your continued access or use of the Website after such changes indicates your acceptance of the Terms & Conditions as modified.
1.5. If you use this Website without registering, then you will have no rights whatsoever to copy, download, save or re-transmit any of the Media or use any of the services, but you will be welcome to look at the Media and read the information on the Website.
1.6. If you do not agree to abide by the Terms & Conditions, kindly do not use this Website.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. Copyright. All Media, text, and designs including the look and feel of the Website and its underlying coding and technology therein is the property of Todd Klassy Photography, its contributing artists, and third-party licensors and is protected by U.S. intellectual property laws, international treaty provisions, and any and all other applicable laws. Other than the limited license granted to you to use the Services on this website, Todd Klassy Photography and the copyright owners of the Media reserve all exclusive rights to their works not expressly granted herein and no such additional rights may be implied. Any additional license to use any of the Services in any manner beyond the scope of this website must be separately negotiated and agreed to in writing by the appropriate copyright owner(s).
2.2. Media Licensing. Any use of the Media or of any of the Services other than as specifically authorized herein, without the express prior written permission of Todd Klassy Photography or the applicable copyright owner, is strictly prohibited. The Media may not be copied, distributed, displayed, or reproduced in any manner whatsoever unless you have created an account and have obtained the necessary written license from Todd Klassy Photography.
2.3. “Todd Klassy Photography” is a trademark of Todd Klassy Photography LLC. This trademark may not be used in any manner whatsoever without the express written consent of Todd Klassy Photography LLC.
2.4. Other marks. All other trade names, trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Website or in any Media are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.
2.5. Unauthorized Use of Media. Unless you have received and paid for a license from Todd Klassy Photography (see Media License Agreement):
2.5.1. It is illegal to copy or use any portion of any Media whether (without limitation) by photographic means, scanning, digital copying, saving it to any computer, posting it to any Website, or as reference for another media.
2.5.2. It is illegal to incorporate all or part of any Media into other media. Changing Media does not give you any right to use the changed Media. The original Media, no matter how modified, is still protected by copyright.
3. PROHIBITED ACTIVITIES
The Website is expressly created for the benefit of the clients and contributing artists of Todd Klassy Photography to enable the clients to find and license Media and to enable the artists to earn income from the licensing of their media.
3.1. Using the Website or the Content other than for its intended purposes is prohibited.
3.2. Without limiting the generality of the foregoing, you are prohibited from
3.2.1. …using any data mining, robots or similar data and/or media gathering and/or extraction methods in connection with the Website or the Content; and/or
3.2.2. …reverse engineering the Website or any or the Content; and/or
3.2.3. …manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; and/or
3.2.4. …removing any watermarks or copyright notices contained in the Content.
4. DISCLAIMERS & DISCLOSURES
4.1. Use of the Website is at your sole risk. The Website together with the Media and Content are provided on an “as is,” “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. Todd Klassy Photography makes no representation or warranties that the use of the Website will be uninterrupted, error-free or free from viruses or other disruptive or malicious software. Todd Klassy Photography recommends that you install appropriate firewall and anti-virus software for your own protection.
4.2. Linked Websites. Links to other websites are provided for convenience of reference only and does not necessarily constitute an endorsement by Todd Klassy Photography. Todd Klassy Photography makes no representation or warranty with respect to the content, practices or reliability of any linked website.
4.3. Amazon Affiliate. Todd Klassy Photography is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
5. LIMITATIONS OF LIABILITY
5.1. Limitations of Liability. To the maximum extent permitted by law, under no circumstances will Todd Klassy Photography be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Media or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Media whether based on contract, tort, strict liability or otherwise.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
6.1. Todd Klassy Photography respects the copyright of others, and we require our contributing artists to do the same. All Media on the Website have been supplied to Todd Klassy Photography with the express assurance of the respective artists that they are original creations. Where Media has no obvious proprietary marking that indicates an exclusive owner, Todd Klassy Photography cannot have actual knowledge that the Media infringes upon any third party’s rights.
In collecting license fees on behalf of the third-party licensors and copyright owners of any of the Media (the “Contributors”), and retaining a portion of those license fees, Todd Klassy Photography does not derive a direct financial benefit from any particular Media. Todd Klassy Photography’s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by Todd Klassy Photography users.
Todd Klassy Photography has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party’s rights by creating or uploading Media, that Contributor is the sole responsible party for such infringement, and Todd Klassy Photography has no control over such activity.
If you believe that the copyright in any media that you own or control has been infringed, you may notify our Copyright Agent. A notice of claimed infringement must be submitted in writing to:
Todd Klassy Photography LLC
P.O. Box 1098
Lewistown, Montana 59457
6.2. Your notice must include substantially all of the following information:
6.2.1. A description of the copyrighted media you claim to have been infringed. (If possible, include a low-resolution reference copy of such of such media.) If you are not the owner of the copyrighted work, you must also include your physical or digital signature as a person authorized to act on behalf of the copyright owner;
6.2.2. A description of where the material that you claim is infringing is located on our Website (include the Todd Klassy Photography media code, if available);
6.2.3. Your full name, address, telephone number, and e-mail address;
6.2.4. A statement that you have a good faith belief that the disputed use of the Media is not authorized by the copyright owner, its agent, or the law; and
6.2.5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
6.3. Upon receipt of the written notification containing the information as outlined in Section 6.2
6.3.1. Todd Klassy Photography will remove or disable access to the Media that is alleged to be infringing;
6.3.2. Todd Klassy Photography will forward the written notification to such alleged infringer;
6.3.3. Todd Klassy Photography will take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the Media.
7. USING MEDIA FOR COMPING
7.1. Conditional upon your compliance with these Terms & Conditions, Todd Klassy Photography grants you a limited license to download SOLELY FOR EVALUATING AND/OR COMPING whether you wish to purchase a license to the media according to the standard Terms & Conditions applicable to your use. You may NOT use media, whole or in part, in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Todd Klassy Photography grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked media.
8.1. You will agreed to indemnify and hold harmless Todd Klassy Photography, its contributing artists and licensors, and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website and/or any Media; the context of your use of any Media in a licensed work; your breach of the Terms & Conditions; your breach of any license; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to, the Website; (b) use of the Website for any illegal purpose; or (c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.
9.2. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Website. These may include, but art not necessarily limited to: (a) registering for an account on our Website; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message, (e) submitting your credit card or other payment information when ordering and purchasing products and services to our Website. To wit, we will use your information for, but not necessarily limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
9.3. Use of Your Personal Information. Todd Klassy Photography collects and uses your personal information to operate its Website and deliver services you have requested. Todd Klassy Photography may also use your personally identifiable information to inform you of other products or services available from Todd Klassy Photography and its affiliates.
9.4. Tracking User Behavior. Todd Klassy Photography may keep track of the Website and pages our users visit within the Website in order to determine what services are most popular and/or to better provide service to our visitors and customers. This data is used to deliver customized content and advertising within the Website to customers whose behavior indicates that they are interested in a particular subject area.
9.5. Automatically Collected Information. Information about your computer hardware and software may be automatically collected by Todd Klassy Photography. The information can include: (a) your IP address, (b) browser type, (c) domain names, (d) access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Website.
10. GOVERNING LAW
10.1. The Terms & Conditions will be governed by the laws in force in the State of Montana and the applicable laws of the U.S.A. (excluding the application of its conflicts of law rules) and the parties agree to the exclusive jurisdiction of the federal and provincial courts located in the City of Billings, Montana.
10.2. If any provision of these Terms & Conditions violates any law and is unenforceable, that provision will be severed, and the balance of these Terms & Conditions will remain in force.
11. ENTIRE AGREEMENT
11.1. The Terms & Conditions constitute the entire agreement with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous communications, written or oral. Only these Terms & Conditions will be binding on Todd Klassy Photography. Any attempt to modify or deviate from this Agreement will nullify any other rights granted or representations made by Todd Klassy Photography. This Agreement may only be modified in writing by an officer of Todd Klassy Photography.
12. CONTACT INFORMATION
12.1. Any questions about Todd Klassy Photography or these Terms & Conditions should be directed to:
Todd Klassy Photography LLC
P.O. Box 1098
Lewistown, Montana 59457