Terms of Agreement for NewbornPhotography.com

Welcome to NewbornPhotography.com. Your use of NewbornPhotography.com means you are agreeing to comply with and be bound by the following terms of use. Please review the following terms below carefully. If you do not agree to these terms, please do not use this site. The term “NewbornPhotography.com” or “Site” or “us” or “we” or “our” refers to Newbornphotography.com Inc., the owner of NewbornPhotography.com. The term “you” or “member” or “guest” refers to the user or viewer of NewbornPhotography.com’s website.

1. Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to NewbornPhotography.com. This Agreement constitutes the entire and only agreement between NewbornPhotography.com and you, and supersedes all prior agreements, representations, warranties and understandings with respect to NewbornPhotography.com, the content, products or services provided by or through NewbornPhotography.com, and the subject matter of this Agreement. This Agreement may be amended at any time by NewbornPhotography.com without specific notice to you. The latest Agreement will be posted on NewbornPhotography.com, and you should review this Agreement prior to using NewbornPhotography.com.
2. Purchase of Services/Products - You agree to indemnify NewbornPhotography.com Inc. and its partners, agents, officers, directors, employees of any damages that may occur as a result of purchasing and receiving the services of any photographers found on NewbornPhotography.com. Any agreement that is entered into with a listed photographer is between the customer and the photographer and in no way is NewbornPhotography.com a part of said agreement and does not receive any remuneration from the agreement.
3. Copyright - The following is protected under applicable copyrights, trademarks and other proprietary, including but not limited to intellectual property rights: content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to NewbornPhotography.com. The redistribution, copying, use or publication by you of any such matters or any part of NewbornPhotography.com is strictly prohibited, except as allowed by Section 4. Viewing NewbornPhotography.com does not mean that you acquire ownership rights to any documents, content or other materials. If you post any information or materials on NewbornPhotography.com, it does not constitute a waiver of any right in such information and materials. Please note that some of the content on NewbornPhotography.com is the copyrighted work of third parties.
4. Service Marks of NewbornPhotography.com - “NewbornPhotography.com” are our service marks or registered service marks or trademarks. Other products and companies names mentioned on NewbornPhotography.com may be trademarks of their respective owners.
5. Permitted Uses with Limited License - Your membership grants you a non-exclusive, non-transferable, revocable license (a) to access and use NewbornPhotography.com strictly in accordance with this Agreement; (b) to use NewbornPhotography.com solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from NewbornPhotography.com solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of NewbornPhotography.com or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
6. Restrictions on Use of NewbornPhotography.com - Your membership and license for access and use of NewbornPhotography.com and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (1) copy, print (unless permitted by Section 4), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (2) use NewbornPhotography.com or any materials obtained from NewbornPhotography.com to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of any Content and Materials from NewbornPhotography.com; (4) use any Content and Materials from NewbornPhotography.com in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of NewbornPhotography.com or any third parties; (5) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in NewbornPhotography.com; (6) make any portion of NewbornPhotography.com available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (7) remove, decompile, disassemble or reverse engineer any NewbornPhotography.com software or use any network monitoring or discovery software to determine NewbornPhotography.com architecture; (8) use any automatic or manual process to harvest information from NewbornPhotography.com; (9) use NewbornPhotography.com for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (10) use NewbornPhotography.com in a manner that violates any state, federal or provincial law regulating email, facsimile transmissions or telephone solicitations; and (11) export or re-export NewbornPhotography.com or any portion thereof, or any software available on or through NewbornPhotography.com, in violation of the export control laws or regulations of the United States and Canada.
7. Documents, Forms and Agreements - NewbornPhotography.com Inc. may make available via NewbornPhotography.com or other sites some sample and actual checklists, forms and business and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal use for non-commercial purposes, without any right to re-license, sub-license, distribute, assign or transfer such license. The documents are provided “as is”, “as available”, and with “all faults”, and NewbornPhotography.com Inc. and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The documents may be inappropriate for your particular circumstances. Furthermore, state and provincial laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the documents are only samples and may not be applicable to a particular situation. Some documents are public domain forms or available from public records.
8. No Attorney-Client Relationship or Legal Advice from NewbornPhotography.com - Any information made available through NewbornPhotography.com is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not guarantee the accurateness, completeness or adequacy of the information contained in or linked to NewbornPhotography.com. Your use of information on NewbornPhotography.com and materials linked to NewbornPhotography.com is at your own risk. NewbornPhotography.com Inc. is not a law firm and NewbornPhotography.com is not a lawyer referral service.
9. Linking to NewbornPhotography.com - You are allowed to provide links to NewbornPhotography.com, provided (1) that you do not remove or obscure advertisements, the copyright notice, or other disclaimers on NewbornPhotography.com, (2) your site does not engage in illegal or pornographic activities, and (3) you discontinue providing links to NewbornPhotography.com immediately when issued a request by NewbornPhotography.com Inc.
10. NewbornPhotography.com is a place for members to share, learn and talk about everything newborn photography. Members are asked to refrain from selling their personal mentoring services, under their photographer profiles. If you would like to advertise your mentoring services, please contact info@newbornphotography.com where you can purchase ad space - or alternatively sign up as a vendor.
11. Advertising and Vendors on NewbornPhotography.com - NewbornPhotography.com may contain advertising and vendors. Advertisers and vendors are responsible for ensuring that material submitted to be posted on NewbornPhotography.com is accurate and complies with applicable laws. NewbornPhotography.com Inc. is not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or vendor's information.
12. Registration for NewbornPhotography.com - If you require a membership for NewbornPhotography.com, you will be required you to register. When you register you agree to provide us with accurate, complete registration information. Your registration must be submitted using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. NewbornPhotography.com Inc. does not permit (1) any other person using your membership; or (2) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
13. Errors that occur on NewbornPhotography.com - NewbornPhotography.com Inc. does not represent that NewbornPhotography.com will be error-free, free of viruses or other harmful components, or that defects will be corrected. NBP Inc. does not guarantee that the information available on or through NewbornPhotography.com will be correct, accurate, timely or otherwise reliable. NewbornPhotography.com Inc. may make changes to the features, functionality or content of NewbornPhotography.com at any time. NewbornPhotography.com Inc. reserves the right to edit or delete any documents, information or other content appearing on NewbornPhotography.com.
14. Third Party Content - Third party content may appear on NewbornPhotography.com or may be accessible via links from NewbornPhotography.com. NewbornPhotography.com Inc. is not responsible for and does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on NewbornPhotography.com. You agree that the information and opinions in the third party content represents solely the thoughts of the authors and is neither endorsed by nor does it necessarily reflect NewbornPhotography.com Inc.’s belief.
15. Termination of Agreement - Either NewbornPhotography.com Inc. or the member may terminate this Agreement at any time. NewbornPhotography.com Inc. shall have the right to immediately terminate a member’s Account in the event of any conduct by the member which NewbornPhotography.com Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by the member of this Agreement.
16. Reported Unlawful Activity - NewbornPhotography.com Inc. reserves the right to investigate any reported violations of this Agreement and to take any action including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. As well, NewbornPhotography.com Inc. will disclose any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
17. Indemnification - You agree to indemnify, defend and hold NewbornPhotography.com Inc. and the following NewbornPhotography.com Inc.: partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of NewbornPhotography.com.
18. Non-transferable right of usage for NewbornPhotography.com - Your right to use NewbornPhotography.com is not transferable or assignable. You agree that any password or right given to you to obtain information and/or documents is not transferable or assignable.
19. Disclaimer - ALL THE INFORMATION, CONTENT AND DOCUMENTS FROM OR VIA NewbornPhotography.com ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NewbornPhotography.com INC. AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NewbornPhotography.com INC. AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NewbornPhotography.com INC. AND YOU. NewbornPhotography.com AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NewbornPhotography.com THROUGH NewbornPhotography.com OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
20. Limitation of Liability - (a)NewbornPhotography.com Inc. and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from NewbornPhotography.com or any services or products obtained from NewbornPhotography.com, (2) the unavailability or interruption of NewbornPhotography.com or any features thereof, (3) your use of NewbornPhotography.com, (4) the content contained on NewbornPhotography.com, or (5) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF NewbornPhotography.com INC. AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
21. Use of Information for NewbornPhotography.com - NewbornPhotography.com Inc. reserves the right, and you agree to authorize us, to the use and assignment of all information regarding NewbornPhotography.com uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. NewbornPhotography.com Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, NewbornPhotography.com Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. NewbornPhotography.com Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You agree to acknowledge that you are responsible for whatever material you submit, and you, not NewbornPhotography.com Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
22. Third-Party Services on NewbornPhotography.com - NewbornPhotography.com Inc. may allow access to or advertise certain third-party product or vendors (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. NewbornPhotography.com Inc. is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO NewbornPhotography.com.
23. Privacy Policy of NewbornPhotography.com - NewbornPhotography.com Inc.’s Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on the link at the bottom of the page.
24. Payments made to NewbornPhotography.com - You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. By subscribing to the NewbornPhotography.com Inc.’s membership payment plan, you are agreeing to pay NewbornPhotography.com Inc. the total balance for the payment plan option you subscribed. Early cancelation of your membership does not exclude you from your agreement to pay your one year of membership dues. NewbornPhotography.com Inc.’s payment plan option will be paid off in monthly installments starting on the date you first set up your payment plan account and ending after the twelve (12) months payments is received by NewbornPhotography.com Inc. If you choose to pay the year membership at once, you will not be billed monthly. Early cancelation will require a payoff of the remaining balance of your membership agreement if you are billed monthly.
25. Links to other Web Sites found on NewbornPhotography.com - NewbornPhotography.com contains links to other websites. NewbornPhotography.com Inc. is not responsible for the content, accuracy or opinions found on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by NewbornPhotography.com Inc. With the inclusion of any linked websites, NewbornPhotography.com Inc. does not imply approval or endorsement of the linked websites by us. If you decide to leave NewbornPhotography.com and access these third-party sites, you do so at your own risk.
26. Legal Compliance when using NewbornPhotography.com - You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of NewbornPhotography.com and the Content and Materials provided therein.