TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Fearless Photographers welcomes you. Fearless Photographers provides the Fearless Photographers Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF FEARLESS PHOTOGRAPHERS SERVICES
Fearless Photographers is a unique photography directory of the world's best wedding photographers who are not afraid to push the limits of professional wedding photography to surprise you with extraordinary wedding photos of your wedding day now known or hereafter (the "Fearless Photographers Services").
Fearless Photographers is only a listing service to help pair couples with wedding photographers. Each photographer is an independent business and therefore responsible for their services. It is recommended that you contact the photographer directly and perform due diligence prior to hiring. Fearless Photographers makes no guarantees of their performance, and is not responsible for their services.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
Unless explicitly stated otherwise, any new features that augment or enhance the current Fearless Photographers Services, including the release of new Fearless Photographers properties, shall be subject to the TOS.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Various countries may prohibit the hiring of foreign photographers and photography companies or not allow foreign photographers or photography companies entry into a particular country without proper authority. Your hiring of foreign photographers and photography companies is done entirely at your own risk.
You agree to indemnify and hold Fearless Photographers and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you use, submit, post, transmit, modify or otherwise make available through the Fearless Photographers' Services your use of the Fearless Photographers' Services, your connection to the Fearless Photographers Services, your violation of the TOS, or your violation of any rights of another.
5. NO COMMERCIAL REUSE OF FEARLESS PHOTOGRAPHERS SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Fearless Photographers Services (including Content, trademarks, and advertisements).
6. MODIFICATIONS TO FEARLESS PHOTOGRAPHERS SERVICES
Fearless Photographers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Fearless Photographers Services (or any part thereof) with or without notice. You agree that Fearless Photographers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Fearless Photographers Services (or any part thereof).
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, photographers, advertisers, or any other third-party ("third parties") found on or through the Fearless Photographers Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Fearless Photographers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Fearless Photographers Services.
The Fearless Photographers Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Fearless Photographers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fearless Photographers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE FEARLESS PHOTOGRAPHERS SERVICES ARE AT YOUR SOLE RISK. THE FEARLESS PHOTOGRAPHERS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FEARLESS PHOTOGRAPHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FEARLESS PHOTOGRAPHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE FEARLESS PHOTOGRAPHERS' SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE FEARLESS PHOTOGRAPHERS' SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FEARLESS PHOTOGRAPHERS SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FEARLESS PHOTOGRAPHERS SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FEARLESS PHOTOGRAPHERS SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FEARLESS PHOTOGRAPHERS OR THROUGH OR FROM THE FEARLESS PHOTOGRAPHERS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FEARLESS PHOTOGRAPHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. TRADEMARK INFORMATION
You agree that all of Fearless Photographers' trademarks, trade names, service marks and other Fearless Photographers' logos and brand features, and product and service names are trademarks and the property of Fearless Photographers Inc. ("Fearless Marks"). Without Fearless Photographers' prior permission, you agree not to display or use in any manner the Fearless Marks.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Fearless Photographers respects the intellectual property of others, and we ask our users to do the same. Fearless Photographers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fearless Photographers Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Fearless Photographers' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.org
14. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Fearless Photographers and governs your use of the Fearless Photographers Services, superseding any prior version of this TOS between you and Fearless Photographers with respect to the Fearless Photographers Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Fearless Photographers Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Fearless Photographers each agree that the TOS and the relationship between the parties shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Fearless Photographers, shall be brought exclusively in the courts located in the District of Columbia or the U.S. District Court for the District of Columbia. You and Fearless Photographers agree to submit to the personal jurisdiction of the courts located in the District of Columbia or the U.S. District Court for the District of Columbia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Fearless Photographers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fearless Photographers Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.