- License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms. You may use the Sites and The Chris Brake Photography Content (as defined below, Section 8) for your noncommercial personal use and for no other purpose. The Chris Brake Photography reserves the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason. The Chris Brake Photography reserves any rights not explicitly granted in these Terms. If you do download or otherwise reproduce the materials from the Sites, you must reproduce all of The Chris Brake Photography’s proprietary markings, such as copyright and trademark notices, in the same form and manner as the original.
- License Restrictions. Unless otherwise expressly stated in these Terms or you receive The Chris Brake Photography’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any Chris Brake Photography Content (as defined below, Section 8), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including Chris Brake Photography Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use or enjoyment of the Sites.
- Your Acceptance; Revisions to Terms. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms constitute a legally binding agreement between you and Chris Brake Photography regarding your use and access to the Sites. BY USING THE SITES, YOU AGREE TO THESE TERMS.
- Personal Login Information. Certain features and areas of the Sites are available only with registration, login, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information“), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the internet browser, especially when you are connected to the internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The Chris Brake Photography is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact The Chris Brake Photography immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with ‘s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through any of The Chris Brake Photography website registration, membership, or order forms. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, The Chris Brake Photography reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Additionally, you agree to abide by Chris Brake Photography Code of Conduct.
In addition you also agree that you will not use our Sites to:
- upload, download, post, email, transmit or otherwise make available any content, including through any links or attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, slanderous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, download, post, email, transmit or otherwise make available any content, including through any links or attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, download, post, email, transmit or otherwise make available any content, including through any links or attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, download, post, email, transmit or otherwise make available, including through any links or attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, download, post, email, transmit or otherwise make available, including through any links or attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
- intentionally or unintentionally violate any applicable local, state, national or international law.
- Proprietary Rights. “Offbeat Bride”, “Offbeat Home”, “Offbeat Families”, “Offbeat Weddings”, “Offbeat Wed”, and “Find Your Afterglow” are federally registered trademarks owned by The Chris Brake Photography. The content of the Sites includes, without limitation, (i) The Chris Brake Photography’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Chris Brake Photography Marks”); and (ii) information, data, materials, interfaces, computer code, databases, playlists, prayers, meditations, essays, mailers, stories, books, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, audiobooks, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Chris Brake Photography Content”). Chris Brake Photography Content is the property of The Chris Brake Photography, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Chris Brake Photography Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Chris Brake Photography or the owner of such content if the Chris Brake Photography is not the owner. Any use of the Chris Brake Photography Marks without The Chris Brake Photography’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Chris Brake Photography Content, including any such notices appearing on any Chris Brake Photography Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
- Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the Chris Brake Photography does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the internet or other communication network. The Chris Brake Photography shall not be obligated to correct or update the Sites or the Chris Brake Photography Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
- Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of The Chris Brake Photography or its affiliates. The Chris Brake Photography makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
- Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
The Chris Brake Photography respects the intellectual property rights of others. We do not knowingly permit anyone to post materials on the Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). Chris Brake Photography LLC will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying with the DMCA, Chris Brake Photography will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Chris Brake Photography with the following information. Please be advised that to be effective, the notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Chris Brake Photography to contact you;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Advertisers. The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. Chris Brake Photography shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, Chris Brake Photography shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
- Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the internet for your convenience. These other sites are maintained by third parties over which Chris Brake Photography exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Sites, you do so entirely at your own risk.
- Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or Chris Brake Photography Content may not use Chris Brake Photography Marks and shall not suggest that Chris Brake Photography promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. The Chris Brake Photography reserves the right to require any linking party to disable or remove any link that violates The Chris Brake Photography’s policies, rights or causes interruption or deterioration of Chris Brake Photography Content.
- Sharing of Content. You may download, copy or embed Chris Brake Photography Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Chris Brake Photography Content for other than personal use is expressly prohibited without prior written permission from The Chris Brake Photography or the copyright holder identified in the copyright notice contained in the Chris Brake Photography Content. The Chris Brake Photography reserves the right to require any party sharing Chris Brake Photography Content to stop such sharing and/or require such party to disable links or other means of access to the Chris Brake Photography Content, at The Chris Brake Photography’s sole discretion.
- Warranties Disclaimed. NOTHING IN THESE TERMS SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Chris Brake Photography DOES NOT GUARANTEE ANY RESULTS FROM USING THE SITES. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITES ARE AT YOUR OWN OPTION AND RISK. NEITHER THE Chris Brake Photography, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “Chris Brake Photography PARTIES“) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Chris Brake Photography, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SITES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SITES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SITES WILL MEET YOUR REQUIREMENTS; (III) THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SITES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE Chris Brake Photography’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT THE Chris Brake Photography’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
THE Chris Brake Photography DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE Chris Brake Photography WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Exclusion of and Limitation of Liability. Chris Brake Photography shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Sites and/or any Chris Brake Photography Content; (ii) from any interruption in the availability of the Sites and/or Chris Brake Photography Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Sites, or transactions entered into, through or from the Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the Sites; (vii) from any delay or failure of the Sites arising out of causes beyond The Chris Brake Photography’s control; (viii) out of the use of, reference to, or reliance on, the Chris Brake Photography Content; (ix) out of any third-party materials, information, products and services contained on, or accessed through, the Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third-party websites; or (xi) out of any other matter relating to the Sites or Chris Brake Photography Content.
In the event you are dissatisfied with, or dispute, these Terms, the Sites and/or the Chris Brake Photography Content, your sole right and exclusive remedy is to terminate your use of the Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that has no other obligation, liability or responsibility to you or any other party.
- Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Section 16 and Section 17 which are lawful in your jurisdiction will apply to you and Chris Brake Photography’s liability will be limited to the maximum extent permitted by law.
- Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Chris Brake Photography from and against all claims arising from or in any way related to your use of the Sites and/or Chris Brake Photography Content, a violation by you of these Terms or Code of Conduct, or any other actions connected with your use of the Sites and/or Chris Brake Photography Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The Chris Brake Photography will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Chris Brake Photography other than under this Section.
- Term and Termination. These Terms will take effect at the time you begin using the Sites. Chris Brake Photography reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms at any time by ceasing to use the Sites, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any Chris Brake Photography Content, in your possession.
- Arbitration; Venue. Any controversy or claim (“Claim“) you have arising out of or relating
to these Terms shall be resolved by a single mediator in Seattle, WA. In the event mediation is unsuccessful, any Claim arising out of or relating to these Terms shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Seattle, WA. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Washington and/or the United States District Court for the Western District of Washington shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. The Chris Brake Photography reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
- Governing Law. These Terms and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Washington applicable to contracts made and executed and wholly performed in the State of Washington, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Use of Websites and Content outside of the United States. The Chris Brake Photography makes no claims regarding access or use of the Sites or the Chris Brake Photography Content outside of the United States. If you use or access the Sites or the Chris Brake Photography Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
- User Generated Content. We welcome your views, comments and other communications, images, text, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content“). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant The Chris Brake Photography a non-exclusive, non-transferable, royalty-free, revocable, limited license to use, display, reproduce, transmit, modify such User Content and that The Chris Brake Photography may use the User Content on the Site, including The Chris Brake Photography’s websites, social media, digital platforms, and/or in any and all content postings, whether currently in existence or to be developed in the future. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact The Chris Brake Photography’s Copyright Agent as identified in these Terms. The Chris Brake Photography will make reasonable attempts, but is not obligated, to properly identify User Content with attribution wherever and whenever used on the Sites. The Chris Brake Photography does not approve, endorse, or adopt any User Content, and The Chris Brake Photography assumes no liability for any User Content submitted by you or others. You agree to indemnify The Chris Brake Photography against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via the Sites used, published, copied and/or reprinted, should not post on the Sites or on social media profiles. Please note that other participants may use posted information beyond the control of The Chris Brake Photography. All User Content is read at your own risk, and The Chris Brake Photography recommends that you not rely on the information or advice in any of the postings for spiritual or health related purposes.
The Chris Brake Photography retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The Chris Brake Photography also retains the right to ban or block a user from posting on The Chris Brake Photography social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All User Content must comply with The Chris Brake Photography Code of Conduct.
You acknowledge, consent and agree that The Chris Brake Photography may access, preserve and disclose your account information and the User Content you have posted by users of the Sites if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of The Chris Brake Photography to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Chris Brake Photography, its administrators, its users and the public.
- Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- Complete Agreement. These Terms, together with any revision, any Additional Terms or Conditions incorporated by reference, and any click-through agreement, constitutes the entire agreement between you and The Chris Brake Photography relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.