TERMS OF SITE USAGE AND IMAGE USE AND MEMBERSHIP SUBMISSIONS
OWNERSHIP OF THIS SITE AND ITS CONTENT
The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) all things otherwise provided to you as a part of the Site’s services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in anyway and understand that it is your responsibility to ensure you refrain from doing so.
THIRD-PARTY GENERATED CONTENT
The Site contains content generated from third-parties, including but not limited to comments and we do not guarantee the accuracy, integrity, or quality of third-party generated content. The Site does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Site spokesperson.
The third parties (aka vendors) are responsible for abiding by any laws and regulations for the locations in which they do business and are listing their services on the Site. This includes, but is not limited to, taxes, permits, fees and work visas.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
GOVERNING LAW, JURISDICTION AND VENUE
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The terms “What if we Elope,” “we,” “us,” and “our” refer to What If We Elope LLC.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website, application or service owned by What If We Elope LLC on which these Terms are posted.
Photography Feature Agreement
This Photography Feature Agreement (the “Agreement”) is entered into between What If We Elope LLC (the “Site”, “we” or “us”) and owner/submitter of the images (“Submitter” “you” or “your”), effective as of your execution and submission of this Agreement by clicking the “I Agree” box or “Submit Application” link after reading this Agreement. You acknowledge that this Agreement is an enforceable contract and intended to be a signed writing that has the same force and effect as a traditional paper documented in signed ink.
In consideration of the mutual promises contained herein, Site and Submitter hereby agree, as follows:
- Nature of Service. Your original print and text are referred to as your “Submission”. Your Submission for publication must be original and must not have been submitted or pending submission to any other publisher, including but not limited to social media outlets, magazines, blogs, or other websites. All submission must meet the quality and standards set by the Blog and applicable style guide as determined by the Blog. The Submitter must own the copyrights and be the photographer of the images submitted. Submitter must have a model release for each submission. Your submission must be reviewed and approved by the Site. Images used for your personal listing aren’t required to be exclusive, just those submitted for the Blog.
- Submission and Deliverables. Submission shall not contain images that will subject the Site to controversy, public scandal, disrepute, widespread contempt, public ridicule, [or which is widely deemed by members of the general public, to embarrass, offend, insult or denigrate individuals or groups,] or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Site, this include but not limited to pornography, boudoir, nudes, semi-nude or implied nudes. Photographer must deliver each submission to the Site in accordance with the procedures specified by the Site. The Site reserve the right, at its discretion, to remove any and all submission that may subject the Site to controversy, public scandal, disrepute, widespread contempt, public ridicule or prejudice the Site.
- Rejection of Submission: the Site can accept or reject each submission at its discretion. If a submission is rejected, it is in the Site’s sole discretion to provide you with an explanation for the rejection or provide you with an opportunity to modify your submission and resubmit for approval.
- Approval of Submission: If your Submission has been approved for publication on the blog, the Submitter will receive a digital file containing a badge that they can proudly display on their site.
- Unless otherwise agreed to in writing, Submitter shall receive no monetary compensation for providing Submissions.
- Intellectual Property Ownership
- Ownership: Submitter agrees that the Site shall retain all tittle and ownership in the content of the Submission. However, Submitter may use the Submission on its own blog/website for marketing and advertising. The Site will always credit the photographer when possible. Submitter acknowledges that it has no right to or interest in the Submission text. Therefore, Submitter shall not submit the same content to another publisher anywhere. Submitter agrees that it will not submit the same image or set of images to another publisher for six months of the published date. Submitter agrees that it will not duplicate the content associated with the same image or set of images on the Blog.
- Membership Listing: Images submitted for your individual listings are not subject to the rule about not publishing elsewhere.
- License: The Submitter hereby grants to the Site worldwide, non-exclusive, royalty-free, transferable, perpetual license (for the during of the Term of this Agreement) to exercise the rights as follows:
- to modify, alter or edit the text of the Submission (with regard to spelling, punctuation, grammar, general re-word) as may be necessary;
- to distribute, copy, reproduce and display the Submission and images in any and all forms, and in any and all media formats whether in existence now or created in the future;
- to assign, license, sublicense, and delegate the rights in the created work to third parties;
- to incorporate the work into one or more collective works and to reproduce, copy and display the work as incorporated in such collective works;
- to incorporate the work into printed and electronic material, including, but not limited to: books, brochures, pamphlets, websites, electronic social media, advertising material, and marketing displays;
- to display, perform, and distribute audio, video, digital audio and digital video of such works;
- to modify and alter such work as may be necessary for display or incorporation in other forms and for incorporation into derivative works;
- to create, modify, or alter the work, in whole or in part, for incorporation into derivative works and to display, reproduce, copy, and distribution of such derivative works;
- to use, distribute, copy, reproduce and display Submission to sell an affiliate product(s);
- to use and arrange subset(s) of the images submitted as may be necessary for display or incorporation in other forms. This license shall continue to be in full force and effect even in the event that this agreement is fails to be renewed or is terminated for any reason.
- Claim of Copyright Infringement. If you believe that your Submission have been copied and is accessible on this the Site in any way that would constitute copyright infringement, please submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; (vi) 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 the copyright owner’s behalf.
- Representations and Warranties: Submitter hereby represents and warrants that: (i) you are at least 18 years old of age or older and that you have the right and have obtained all authorizations, release and consent necessary to execute and enter this Agreement; (ii) You will comply with all applicable laws; (iii) Your Submissions (a) are original and have not been submitted or published anywhere else (b) are photographed by you and you are the copyrighted owner, (c) you have obtained releases of the person(s) depicted in the image, (d) does not or will not contain images that will subject the Site to controversy, public scandal, disrepute, widespread contempt, public ridicule, [or which is widely deemed by members of the general public, to embarrass, offend, insult or denigrate individuals or groups,] or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Blog the Blog, this include but not limited to pornography, boudoir, nudes, semi-nude or implied nudes or defame or disparage any person or entity (or their goods, services or business) or infringe upon or violate the intellectual property rights, right of privacy, or any other rights of any person or entity; and (d) is not the subject of any litigation or other claim or proceeding, or, to your knowledge, any threat thereof.
- Submitter agrees, at its sole expense, to indemnify, defend and hold harmless the Site from and against any judgment, action, losses, deficiencies, damages, liabilities, cost and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, suit or proceeding brought against the Blog.
- Affiliate Links. This Site may contain links to other web sites. We are not responsible for the availability of these external sites nor does it endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web site.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Blog’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $ 5000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
- General Provision
- Waivers: A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
- The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
- Assignment: Submitter may not assign or delegate any of its rights or responsibilities under this agreement to a third party.
- This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any 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 of this Agreement. The laws of the State of _ shall govern this Agreement.
- Severability:If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
If you have any questions about this Site or these Terms of Site, please contact us using the following information: via email at firstname.lastname@example.org.