Effective Date: May 25, 2018
BY USING THE SITE YOU AGREE TO OUR TERMS & CONDITIONS. PLEASE READ IT.
AustenDiamondPhotography.com (“the Site”) is a website owned and operated by Austen Diamond Creative Services, LLC (“Austen Diamond Photography”, “we”, “our”, or “us”). These Terms & Conditions (“Terms” or “Agreement”) govern how all users, visitors, and others (“you”, “your”, or “users”) may use our Site and the services provided herein.
- Eligible Users.
COPPA Compliance. The Site is solely intended for those over the age of 13 (for example, adult, parents, friends, and relatives). Pursuant to the Children Online Privacy Protection Act (“COPPA”). Austen Diamond Photography does not specifically market to children under the age of 13, and we do not knowingly or purposefully collect or maintain information from those known to be 13 or under in order to protect children’s privacy and safety online.
Minor Eligibility. If you are a minor or under age 18 in the jurisdiction where you reside, you may only use the Site if you meet the following conditions: (1) you must be an emancipated minor; (2) you must obtain consent from your parents or legal guardians after they have reviewed these Terms, prior to you using the Site’s services or resources; and/or (3) you are fully able and competent to enter into these Terms and the underlying conditions, obligations, affirmations, representations, and warranties set forth herein.
Services provided by Austen Diamond Photography may include, but are not limited to, providing content for educational and entertainment purposes; responding to inquiries and comments; sharing reviews, advertisements, endorsements, and/or sponsored content; sale of merchandise; and/or distributing a newsletter. We reserve the right to conduct business for any lawful purpose, including, but not limited to, creating an island paradise to bring dinosaurs back from extinction.
- No Representations or Warranties.
As-Is. Content available on the Site and services offered by Austen Diamond Photography are provided on an “as-is” and “as available” basis. None of the content or opinions provided through our Site should be construed as medical, legal, or technical advice.
No Commercial Warranties. To the maximum extent permitted by applicable law, Austen Diamond Photography provides content on the Site without any express or implied warranties whatsoever, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Furthermore, we make no warranties that the content is accurate, reliable, correct, uninterrupted, secure, free from defects or errors, free from viruses or similar dangers, or available at all times.
No Third-Party Warranties. Austen Diamond Photography does not warrant, guarantee, or assume responsibility for any product or services advertised or offered by a third party through the Site or a link on the Site, and we do not monitor any transaction between you and third-party providers of products or services.
- Limited Liability.
Use Site at Your Own Risk. You may use the information, content, and services provided through our Site exclusively at your own risk. Austen Diamond Photography assumes no liability or responsibility for (i) any errors, mistakes, or inaccurate content, or failures to make corrections to such information; (ii) content belonging to users or third parties; and/or (iii) any defamatory, offensive, or illegal conduct of any third party.
No Liability for Injury. Austen Diamond Photography expressly disclaims any liability whatsoever, whether direct or implied, for personal injury, damages, or loss resulting from use of content featured on our Site. Users agree to hold full responsibility for employing your best judgment in using the information and services provided on the Site.
No Liability for Site Access. To the maximum extent permitted by applicable law, Austen Diamond Photography and our affiliates, directors, and/or licensors shall not be liable for any direct, indirect, punitive incidental, special, consequential, exemplary, or intangible damages that may result from any loss or injury resulting from the use of our Site. Austen Diamond Photography bears no liability for users’ cyber security issues and injuries, including, but not limited to, hacking, tampering, or other unauthorized access or use of your account or the information within. Users are solely responsible for updating your software and passwords as well as maintaining anti-virus software on your devices.
No Liability for Other Users. Users are solely responsible for your interactions with other users and visitors on the Site. While Austen Diamond Photography reserves the right to monitor and respond to disputes between users, we have no affirmative obligation to do so. We are not liable for your interactions with other users or their conduct.
Maximum Permitted Liability. Austen Diamond Photography’s liability – and the liability of our affiliates, directors, or licensors – for any claims, obligations, damages, injury, losses, torts, or costs shall be limited to the amount that you paid to us through our Site or services. This provision explicitly excludes payments made to third-party sites or service providers.
Austen Diamond Photography is not responsible for the accuracy or reliability of any opinion, advice, or statement made on our Site. All such content is intended solely for our commercial advertising purposes, and for users’ education and entertainment, and is not intended as a substitute for professional advice and services from a qualified medical, technical, or legal professional.
- Sales Policy.
Notice. We reserve the right to turn away clients, customers, and students at our sole discretion. For services that may require a separate client contract, then the client contract shall control in the event of a conflict with these Terms.
Refunds. We reserve the right to request receipts of purchases made on our Site and/or related to promotional “guarantees” for Austen Diamond Photography products as proof of claims.
- Services and Classes. Please refer to the client services agreement for the refund policy for your specific type of engagement.
- Digital/Virtual Products. All digital and virtual products purchased directly from Austen Diamond Photography shall be final unless stated otherwise in these Terms or on the product information page.
- Physical Products. For physical products, we will accept returns of unused items in their original packaging within fourteen (14) calendar days with a receipt.
Digital Downloads. Digital downloads are available for download within a limited period of time after purchase. Please download such products immediately as we will not re-issue download codes or files.
Sales & Use Tax. We reserve the right to charge sales tax as may be required by the State of Utah, where we are headquartered, and any other cities, states, or countries in which we conduct business as may be required by law. Please note that you may be obligated to pay a separate use tax on items purchased online. Please consult your financial advisor, accountant, and/or attorney to determine whether you are responsible for any “use” taxes.
Security. Austen Diamond Photography uses a secure and encrypted third party online payment platform for sales and transactions made through our website. We cannot guarantee the security of any personal and financial information submitted over the Internet, and encourage you to use your best judgment and discretion with handling your sensitive financial information online.
Personal Use and Limited Commercial Use Only. Products and information provided by Austen Diamond Photography is intended for personal use only unless otherwise provided in the product’s description or in a separate licensing agreement between you and Austen Diamond Photography. You are prohibited from sharing, reselling, and/or appropriating our products or content without express written permission from an authorized Austen Diamond Photography representative. Please send inquiries regarding wholesale or distribution to email@example.com
Special Offers. Any rebates, coupons, discounts, and/or special offers (collectively, the “Promotions”) provided by Austen Diamond Photography are for a limited time only and while supplies last. In addition to provisions set forth in these Terms, information about Promotions, such as their limitations, clarifications, and expiration dates, shall be indicated where reasonably visible, as determined by Austen Diamond Photography. Promotions are only for products or services listed on our Site. Unless otherwise indicated, Promotions may only be used for a single purchase or a single item per person. Users may not repeatedly use the same type of coupon. Promotions may not be redeemed for cash. Ultimately, we strive to be honest and straightforward, but please use your common sense when it comes to evaluating special promotions provided by us or our partners.
- Contests, Sweepstakes, and Giveaways.
Austen Diamond Photography periodically runs contests, sweepstakes, and giveaways (collectively “Promotions”), which may be based on a combination of skill and chance. We advertise our Promotions on a variety of our regular online platforms, and you can find out about them on our Site or through our digital media channels.
Official Rules. Your participation in any Austen Diamond Photography’s Promotions are subject to and governed by the official rules set forth below (“Official Rules”) and any guidelines further specified on social media (“Additional Terms”) for the specific Promotion. In a conflict between the Official Rules and the Additional Terms, the Additional Terms will govern. Where Austen Diamond Photography features a Promotion belonging to a Third Party, you should refer to the Third Party’s website for the governing terms and rules. We accept no responsibility for Third Party Promotions.
No Purchase Necessary. No purchase is necessary for some of our Promotions, such as sweepstakes. Other Promotions may require a purchase for entry. Please refer to the Additional Terms provided for specific Promotions.
Eligibility. Unless otherwise provided in the Additional Terms, Austen Diamond Photography’s Promotions are open to those who are age 18 or over residing in the United States and Canada. Austen Diamond Photography’s employees and contractors, and members of their immediate families, are not eligible to participate or win. Sweepstakes are subject to all applicable federal, state, and local laws, rules, and regulations, and may be void where prohibited.
Time Period. Promotions begin and end on the time and date outlined in the specific Promotion, according to our internal time clock, which is set to Pacific Standard Time.
One Entry Per Person. You may enter as many Promotions as you are otherwise qualified to enter. Unless otherwise provided in the specific Contest or Additional Terms, entrants may only enter each of these Promotions one time. Multiple entries in the same Promotion will not increase your chances of winning. If you enter more than once in the same Promotion, only your last eligible entry will be valid.
Taxes. Promotion Winners are responsible for any personal taxes resulting from your winnings. If your winnings exceed $600 in a calendar year, then the winnings may be a taxable event by the IRS. If this occurs, Austen Diamond Photography may be legally required to issue you a tax form 1099, and you may be required to provide us with your social security number to complete the tax form.
How to Enter. You need to follow all the rules in the Promotion, and Additional Terms (if any), to enter the Promotion. This includes the appropriate use of hashtags, where specified. If you are asked to enter the Promotion through a social media channel, then you must have an account on that social media channel. All social media channels that we use for our Promotions are free to join. Austen Diamond Photography makes commercially reasonable efforts to make sure Promotions follow the social media platforms’ guidelines for such Promotions.
Selection of Winners. The chances of winning a Promotion depends on the number of eligible entries received and the quality of those entries. For contests, a panel of judges will be selected by Austen Diamond Photography to evaluate the entrants’ submissions and to score them based on the Contest criteria. These deliberations are private and shall not be made public. For sweepstakes, Austen Diamond Photography will select one (1) winner in a random drawing from all eligible entries received at the conclusion of the Promotion’s Time Period. Our decisions are final and binding on all matters related to the sweepstakes, and we reserve the right to delay the random drawing for any reason.
If the identity of any entrant is at issue, the entry will be deemed submitted by the person who is the authorized account owner of (i) the e-mail address associated with the entry, or, (ii) where the entry is submitted via social media, the e-mail address associated with the social media account used for the submission.
ONCE A POTENTIAL WINNER IS IDENTIFIED AT THE CLOSE OF THE PROMOTION’S TIME PERIOD, THE POTENTIAL WINNER MAY BE SUBJECT TO FURTHER VERIFICATION. POTENTIAL WINNERS MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE THE ENTRANT WILL BE CONFIRMED AS THE WINNER AND RECEIVE THE AWARD.
Notification. Austen Diamond Photography shall notify winners via the e-mail address or via direct message to the social media account used to submit the entry for the Promotion. If, despite our reasonable efforts, the winner does not respond within five (5) business days of the first notification attempt, or if the notification is returned as unclaimed or undeliverable, the winner will forfeit his or her prize and an alternate winner may be selected. Winners must comply with all instructions in the notification within five (5) days of the date of the notification. Failure to do so may result in the winner forfeiting the prize and an alternate winner being selected.
Winner’s Responsibilities. Winners may be required to complete, sign, and return an Affidavit of Eligibility, Liability Release and Indemnification, a Model Release where allowed by law, and other documents as may be required by Austen Diamond Photography within five (5) business days of notification. Failure to properly complete, sign, and/or return the documents in a timely manner may result in the prize being forfeited and another winner being selected.
Your Representations. By entering the Sweepstakes or Promotion, you represent and warrant that: (a) the information and documents you submit to us in connect with the Sweepstakes or Promotion are true, correct, and complete in all material respects and not misleading; and (b) you have never been arrested, indicted, convicted, or pled no contest to a felony or a crime involving moral turpitude.
Liability Release. By entering the Promotion, you agree to release, discharge, defend, indemnify, and hold harmless Austen Diamond Photography and our respective subsidiaries, affiliates, successors, and assigns, and each of their respective directors, employees, agents, and representatives (“Released Parties”), from and against any and all claims, demands, expenses, losses, or liabilities, including, but not limited to, reasonable attorney’s fees and punitive damages that may be asserted against or incurred by any of the Released Parties at any time in connection with your participation in the Promotion, any Promotion-related activity, and/or your acceptance, use, or misuse of any prize.
Name and Likeness. By entering the Promotion, you grant Austen Diamond Photography a perpetual, worldwide, royalty free license to use your name, image, likeness, and voice for trade, advertising, promotional, or any other purpose in any media now or hereafter known, and waive any and all claims and/or rights to receive any royalties or other compensation for our use thereof, unless prohibited by law.
Prizes and Awards. Prizes and awards, the number thereof, and the individual and total retail values of those prizes and awards are listed in the Additional Terms of the specific Promotion. Substitutions, transfers, or redeeming the cash value of the prize shall not be permitted. However, Austen Diamond Photography reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Whether to make a substitution, and the value of the substitution, shall be determined at our sole discretion. Electronic prizes shall be sent via digital download, and physical prizes are shipped to winners only via U.S. mail or ground shipping to the United States and Canada, as permitted by law.
- Additional User Obligations.
By using Austen Diamond Photography’s Site and services, you understand and agree to the following additional user obligations:
- You agree not to alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
- You agree not to use “robots”, “spiders”, or similar automated systems on our site that accesses our Site in a manner that sends more request messages to our servers and hosting company than a human can reasonably produce in the same period of time by using a conventional web browser.
- You agree not to aggregate, collate, or harvest any of the content made available on our Site.
- You agree to be solely responsible for your own user content and, accordingly, you affirm, represent, and warrant that your content will not infringe on the rights of third parties, including, but not limited to, any intellectual property rights and the rights of privacy and publicity.
- You agree not to interfere with or compromise – or to attempt to interfere with or compromise – our Site’s security, connections to our servers, or proper functionality.
- You agree not to take actions that do – or have the potential to – unreasonably burden our online servers or Site infrastructure, which shall be determined at our sole discretion.
- You agree not to upload and/or transmit malware, viruses, worms, or other software agents through our Site or service.
- You agree not to submit false or invalid data, including, but not limited to, misrepresenting your identity or associations by impersonating another person, or otherwise hiding or attempting to hide your identity.
- You are prohibited from using our Site and services from unlawful or illegal activities, and you agree to only use our Site and services for lawful purposes.
- You shall not impersonate another person or otherwise misrepresent your affiliation with a person or entity by affirmative disclosures or passive omissions, conduct fraud, or hide or attempt to hide your identity.
- You agree that you are solely responsible for your user generated content, submissions, and transmission to our Site and service. You agree to be respectful of Austen Diamond Photography and our subsidiaries, directors, employees, contractors, and affiliates, and other users on our Site. Accordingly, you agree not to take actions that harm the Austen Diamond Photography community, including, but not limited to, actions that we determined in our sole discretion to be attacking, defaming, slanderous, libelous, stalking, or harassing, or that violate rights of privacy or publicity.
- You agree not to post content that: may create a risk of harm, loss, damage, or physical, mental, or emotional injury to you, any other person, or any animal; constitutes a crime, tort, or other illegal act; constitutes hate speech; violates duties of confidentiality that you may owe to any third party; contains information that is false or incorrect; or constitutes “spam” or similar business advertising.
- Intellectual Property Rights.
Enforcement. Austen Diamond Photography carefully maintains and strongly enforces our intellectual property rights, and we aggressively pursue violations and infringement of our rights to the maximum extent permitted by law.
Scope. Except for user-generated content or as otherwise provided in these Terms, all content made available on the Site, including, but not limited to, images, text, graphics, illustrations, logos, patents, trademarks and service marks, copyrights, audio, and video are the exclusive property of Austen Diamond Photography.
Permission. Our Site and services feature content that is either our original property, properly licensed, and/or used with permission. You are prohibited from using such images or content unless specifically permitted by these Terms or by explicit written permission from an authorized Austen Diamond Photography’s representative obtained prior to your anticipated use. Please note that any unauthorized uses of our name, photos, blog posts, or content may violate copyright laws, trademark laws, the laws of privacy and publicity, regulations, and/or statutes.
Trademarks. Austen Diamond Photography’s trademarks, service marks, name, and logos (“the Trademarks”) are our exclusive, protected property. Nothing contained on our Site or services should be construed as granting any license or right to use any Trademarks belonging to Austen Diamond Photography or from a third party affiliate whose trademark may be featured on our Site. You must seek direct and specific prior written permission from Austen Diamond Photography to use our Trademarks. You will violate these Terms by misusing our Trademarks or exceeding the scope of use permitted by specific permission or as set forth in these Terms.
Authorized Use. Our Site and content are protected by copyright. Austen Diamond Photography grants users and visitors to our Site and services a limited revocable license to consume and view our content. This means that users may view our content on their personal devices, but you may not copy-and-paste, re-publish, or create derivative works using our content, even if you are not charging or running ads on your secondary use. You are also strictly prohibited from selling, licensing, modifying, distributing, reproducing, transmitting, publicly displaying and performing, publishing, adapting, or editing any Austen Diamond Photography content made available through our Site or services, for any purpose not expressly permitted by these Terms. Exceeding the scope of this limited license shall be deemed a violation of our copyright, trademark, and other rights set forth by state and federal law, and we will aggressively pursue such violations.
Voluntary Submissions. Users may voluntarily submit content, ideas, advice, or feedback to Austen Diamond Photography, including information about our Site or services. By submitting such information, you agree:
- Your disclosure is gratuitous, unsolicited, and without restriction;
- Your disclosure does not create any fiduciary duties or other obligations for Austen Diamond Photography;
- Your disclosure is not confidential and that Austen Diamond Photography may disclose the information to anyone without limitation and to use such information without any compensation to you; and
- Austen Diamond Photography reserves the right to use similar or related ideas previously known to us or developed by our directors, employees, or obtained from sources other than you.
- Authorized Content.
Austen Diamond Photography only permits users to post appropriate, non-offensive, and legal content to the Site. Vulgar, obscene, and/or inflammatory language or conduct violate these Terms.
We reserve the right to terminate user accounts or delete unauthorized content that you have posted on the Site for any reason, at any time, with or without notice, without limitation, if we have reason to believe that you are in violation of these Terms.
- Required Disclosures.
Some of the links provided on our Site are affiliate links, which means that we sometimes get paid a small commission if you purchase a product or service through a link in our content. For example, Austen Diamond Photography participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
- License for User-Generated Content.
Austen Diamond Photography does not conduct intellectual property clearances for all user-generated content submitted to or posted on our Site. While users may be permitted to post such content voluntarily, we do not offer payment for user or visitor-submitted content submissions, contributions, and/or communications (“user-generated content”). Examples of user generated content include, but are not limited to, photos, videos, text, messages, audio files, data, and/or intellectual property. User-generated content will be treated as non-confidential and non-proprietary
By posting user-generated content on our Site, you agree to the following terms:
- You hereby grant Austen Diamond Photography a royalty-free, attribution-free, assignable, perpetual, irrevocable, non-exclusive, universal, world-wide license to use such user-generated content data, data, or concepts for any purpose, without limitation, including, but not limited to, copying, posting, reproducing, distributing, disclosing, transmitting, publishing, broadcasting, manufacturing, marketing, publicly displaying and performing, editing, translating, reformatting, and authorizing derivative works on social media.
- You hereby grant Austen Diamond Photography and its affiliates and representatives permission to grant necessary sublicenses as Austen Diamond Photography deems appropriate in its sole discretion in connection with the operation of internet businesses.
- You hereby grant Austen Diamond Photography the right to use your name, voice, and/or likeness as contained in your user-generated content as is consistent with this license.
- You expressly warrant and represent that you own the intellectual property rights to your user-generated content and that you have all of the rights necessary to enter into this license agreement.
- DMCA Notice.
Austen Diamond Photography takes great efforts to ensure compliance with U.S. intellectual property laws regarding copyrights and trademarks because intellectual property is our primary product. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is available on the Site, please notify our copyright agent, as required by the Digital Millennium Copyright Act of 1998 (“DMCA”). To submit an effective complaint under the DMCA, you must provide the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our designated DMCA Agent by e-mail or U.S. certified mail:
Attn: Austen Diamond
Austen Diamond Photography LLC
422 L St. East
Salt Lake City, UT 84103
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL ON OUR SITE IS INFRINGING, THEN YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
The DMCA procedure and relevant information set forth above is solely intended to comply with our rights and obligations under the DMCA. The information does not constitute legal advice. You are hereby advised to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. We reserve the right to terminate user accounts or revoke access to users who are repeat infringers, pursuant to DMCA Section 512(i)(1)(a), to be determined at our sole discretion. We also reserve the right to limit or terminate accounts or access to our Site or services without any repeat infringement as otherwise set forth in these Terms.
- External Websites and Third Parties.
Austen Diamond Photography may link to third party websites, advertisers, or services on our Site and related services. We have no control over these third-party sites, and we expressly disclaim any liability and responsibility for the external links provided by Austen Diamond Photography or the content, policies, terms, conduct, or practices of any third-party websites or services. By using third party sites, you understand and agree that if you use such third-party sites, you use them at your own risk and you expressly release Austen Diamond Photography from any and all liability arising from your use of any third-party website or content.
You shall indemnify and hold harmless – without limitation – Austen Diamond Photography and our subsidiaries, agents, affiliates, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, judgements, attorney fees, and expenses arising from (a) your use of and access to our Site or services, including any user generated content that you transmit to our Site; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation of the United States, your country of origin, or the country in which you are accessing our Site and services; and (d) the conduct of third parties who interact with our Site or services through your devices or accounts, regardless of whether or not you authorized such third parties.
- Refusal of Service.
Austen Diamond Photography reserves the right to permanently or temporarily terminate, suspend, deny access, or refuse service to users without notice and liability if we determine, in our sole discretion, that you have violated these Terms.
You agree that the opportunity to access our Site and services is adequate consideration for the rights and obligations set forth in these Terms, and such consideration is not voided by inability to access the site for any reason.
- Opting Out.
- Changes and Amendments.
Austen Diamond Photography reserves the right to change this policy at any time by updating this page, and any such changes are effectively immediately. No notice need be given for such changes, so please check back regularly for updates. We will post the effective date of the amended Terms at the top of this page.
In the event any portion of these Terms is deemed unenforceable, all other provisions of the Terms shall remain in full force and effect, and a waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision hereunder.
Users may not transfer or assign your rights, duties, obligations, representations, warranties, permissions, and licenses (“Rights”) set forth in these Terms. Austen Diamond Photography may transfer and assign the Rights without restriction.
- Jurisdiction and Venue.
By using Austen Diamond Photography’s Site and services, you agree to the following:
- The laws of the State of Utah shall govern this Agreement.
- All services provided on or through this Site are effectively rendered in the State of Utah, which is where Austen Diamond Photography is headquartered.
- Any claim or dispute between you and Austen Diamond Photography that arises in whole or in part from our Site or related services shall be decided exclusively by a court of competent jurisdiction in Salt Lake County, State of Utah.
- Contact Us.
For any questions regarding these Terms, please contact us at firstname.lastname@example.org.