These Terms of Service (“Terms”) govern your use of the Bejay’s Photography website (bejaysphotography.com) and any related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
Acceptance of Terms
By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Use of Services
2.1. License: Bejay’s Photography grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.
2.2. Restrictions: You agree not to:
- Use the Services for any illegal purpose or in violation of any laws or regulations.
- Interfere with or disrupt the Services or servers or networks connected to the Services.
- Use any data mining, robots, or similar data gathering and extraction tools on the Services.
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
- Reproduce, distribute, create derivative works of, publicly display, or commercially exploit any content from the Services without our express written consent.
Intellectual Property
3.1. Ownership: All content, including but not limited to text, graphics, images, logos, and software, is the property of Bejay’s Photography or its licensors and is protected by copyright, trademark, and other intellectual property laws.
3.2. Trademarks: The Bejay’s Photography name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bejay’s Photography or its affiliates or licensors. You may not use such marks without our prior written permission.
User Content
4.1. Submission: You may submit content, such as photographs, comments, and other materials, to the Services. By submitting content, you grant Bejay’s Photography a worldwide, non-exclusive, royalty-free, fully paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content in any media.
4.2. Responsibility: You are solely responsible for all content that you submit to the Services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the license in Section 4.1.
Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BEJAY’S PHOTOGRAPHY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
IN NO EVENT SHALL BEJAY’S PHOTOGRAPHY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BEJAY’S PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless Bejay’s Photography, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
Termination
Bejay’s Photography reserves the right, in its sole discretion, to terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the USA, without giving effect to any conflict of laws principles.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Bejay’s Photography. The arbitration shall be conducted in USA, and the award may be enforced in any court of competent jurisdiction.
Miscellaneous
12.1. Entire Agreement: These Terms constitute the entire agreement between you and Bejay’s Photography regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Bejay’s Photography with respect to the Services.
12.2. Amendments: Bejay’s Photography reserves the right to amend these Terms at any time by posting the amended Terms on the Services. Your continued use of the Services after such changes constitutes your acceptance of the amended Terms.
12.3. Waiver: The failure of Bejay’s Photography to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12.4. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
12.5. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Bejay’s Photography’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Bejay’s Photography may assign or transfer these Terms, at its sole discretion, without restriction.
12.6. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Bejay’s Photography (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.