These Terms of Service (“Terms”) govern your access to and use of twardyphotos.com (“we,” “us,” or “our”) website located at twardyphotos.com (the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.
Use of the Website
a. Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use the Website. By accessing or using the Website, you represent and warrant that you meet these eligibility requirements.
b. Account Registration: Some features of the Website may require you to register for an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and to maintain and promptly update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
c. Prohibited Activities: You agree not to use the Website for any unlawful or prohibited purpose, including but not limited to:
- Violating any applicable laws, regulations, or third-party rights.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the operation of the Website or servers or networks connected to the Website.
- Engaging in any form of automated data collection, scraping, or extraction.
- Uploading, posting, transmitting, or otherwise making available any content that is harmful, offensive, obscene, or otherwise objectionable.
Intellectual Property Rights
a. Ownership: All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of twardyphotos.com or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
b. License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.
c. Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Website except as expressly permitted by these Terms or with our prior written consent.
3. User Content
a. Submission: You may have the opportunity to submit or upload content to the Website, such as photographs, comments, or other materials (“User Content”). By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
b. Responsibility: You are solely responsible for the User Content you submit or upload to the Website. You represent and warrant that you have all necessary rights to grant the licenses and permissions described in these Terms and that your User Content does not violate any third-party rights or applicable laws.
c. Monitoring: We reserve the right to monitor, edit, or remove User Content at our sole discretion without notice.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall [Your Photography Website Name], its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, savings, data, or goodwill, arising out of or in connection with your use of the Website or these Terms, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless [Your Photography Website Name], its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, your violation of these Terms, or your violation of any third-party rights.
Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to these Terms or the Website shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in [Your Jurisdiction], and you hereby consent to the personal jurisdiction and venue of such courts.
Changes to these Terms
We reserve the right to modify or update these Terms at any time by posting the revised Terms on the Website. Your continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the changes.
Contact Us
If you have any questions or concerns about these Terms or the Website, please contact us through our form.