Ben Lipford Photography Website Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to www.benlipford.com. This site is owned and operated by Ben Lipford Photography, Inc. (the “Owner”).

The following terms and conditions (the “Terms of Use”) govern your use of the following web site and the subdomains thereof, (each such web site referred to herein as an “Owner Site,” and collectively, the “Owner Sites”).  The Owner Sites are made available by Ben Lipford Photography, Inc. (the “Owner” or “we” or “us”).

By using this site, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those change

We may change these Terms of Use from time to time, by posting such changes on the Owner Sites, and such changes will be effective upon any further use of the Owner Sites.  BY USING THE OWNER SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE OWNER SITES.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE THE OWNER SITES.

1. Proprietary Rights.  As between you and the Owner, and except for your Submitted Materials (as defined in Section 5 below), the Owner owns, solely and exclusively, all rights, title and interest in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Owner Sites, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Owner Sites does not grant to you ownership or title of, in or to any Site Content or any other part of the Owner Sites.

2. Limited License.  Subject to the terms and conditions set forth herein, the Owner grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Owner Sites and Site Content and on your computer or other Internet-capable device, provided that you comply fully with these Terms of Use.  The Owner Sites and Site Content are for your personal, educational and noncommercial use only.  Any commercial use, distribution, publishing or exploitation of the Owner Sites, or any Site Content, is not allowed unless you have received the express prior written permission of the Owner or the applicable rights holder.

3. Trademarks.  The trademarks, logos, service marks and trade names that may be displayed on the Owner Sites or on Site Content are registered and unregistered trademarks of the Owner and other persons (collectively, the “Trademarks”), and may not be used unless authorized by the Trademark owner.  Nothing contained on the Owner Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Owner Sites without the Owner’s written permission or that of the third party rights holder.

4. User Accounts.  In order to access, browse and use certain services or features, or to submit content, information, materials or participate in certain activities, on the Owner Sites, you may need to create an account on the Owner Sites and submit certain personal information.  The Owner’s information collection and use policies with respect to user information are set forth in the Owner Sites’ Privacy Policy, which is incorporated herein by reference for all purposes.  When creating your account, you agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your account or password, if any.  You should not sell, transfer nor assign your account or allow others to use it, and you are responsible for maintaining the confidentiality of your user name and password.  The Owner reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Owner Sites for any reason, including without limitation for extended periods of inactivity.

5. Submitted Materials.   Unless specifically requested, the Owner does not solicit, nor does the Owner wish to receive, any confidential, secret or proprietary information or other material from you through the Owner Sites, by e-mail or in any other way.  Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials submitted, posted, uploaded or sent or transmitted on or through the Owner Sites in any manner will be deemed not to be confidential or secret, and may be used by the Owner in any manner consistent with these Terms of Use and the Owner Sites’ Privacy Policy.

6. Rules of Conduct.   While accessing or using the Owner Sites, the Site Content and the various other features available on the Owner Sites, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular Owner Sites, areas or features on the Owner, you agree that you shall not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Owner Site (including, for example and without limitation, in an RSS feed or podcast received from the Owner or otherwise through an Owner Site), or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Owner Sites;
  • use, redistribute, republish or exploit any part of the Owner Sites or any Site Content (including, for example and without limitation, an RSS feed or a podcast on an Owner Site) for any commercial or promotional purposes, or contact any other user of the Owner Sites for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on an Owner Site or in a Forum on an Owner Site;
  • alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Owner Sites through any means, including through means not intentionally made publicly available or provided for through the Owner Sites;
  • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Owner Sites, including, without limitation, any information residing on any server or database connected to the Owner Sites;
  • use the Owner Sites or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Owner Sites or interfere with any other party’s use and enjoyment of the Owner Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support any one else’s attempt to do any of the foregoing) with the Owner Sites or its services or any software on the Owner Sites;
  • create any links from an Owner Site (or include any links in your submissions to any Forum or any other part of an Owner Site) directed to Web sites or content owned or maintained by third parties;
  • frame any third-party sites or content, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by the Owner of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
  • upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • use the Owner Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
  • use the Owner Sites or its services (or any Site Content), in whole or in part, in violation of any applicable law.

8. Public Forums.  The Owner Sites may include certain features that would allow users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the “Forums”).  All of the terms and conditions set forth in these Terms of Use (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the Owner Sites), are applicable to your use of the Forums.  It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Owner Sites and elsewhere on the Internet, and you may have no control over who will access or view them eventually.   Therefore, you should be careful and selective about the information that you choose to disclose in such Forums and on the Owner Sites in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information in your submissions to the Forums.

9. Right to Monitor and Editorial Control.  The Owner reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the Owner Sites (including, without limitation, the Forums).  The Owner is not responsible for any such materials. However, the Owner reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Owner’s sole discretion, are objectionable or in violation of these Terms of Use, the Owner’s policies or applicable law.  The Owner may also impose limits on certain features or restrict your access to part or all of the Owner Sites, without notice or penalty, if the Owner believes you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

10.  Indemnification.  You agree to defend, indemnify and hold the Owner and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your use of the Owner Sites or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of the law or these Terms of Use.  The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

11. Orders for Products and Services.  We may make certain products and services available for purchase or download to users of the Owner Sites.  You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older.  You agree to pay in full the cost of any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Owner.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.  Certain products and services that you may be able to purchase or download on or through the Owner Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download. We do not share your credit card information with anyone. For more information, please read our Privacy Policy.

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order.

12. Linking to the Owner Sites.  You agree that, without the prior express permission of the Owner: (a) if you include a link from any other web site to the any Owner Site, such link shall open in a new browser window and shall link to the home page of an Owner Site; (b) you are not permitted to link directly to any image hosted on the Owner Sites, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to an Owner Site in any manner such that an Owner Site, or any page of an Owner Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  The posting or creation of a link to any Owner Site signifies that you have read the restrictions described herein and agree to abide by their terms.  The Owner may, in its sole discretion, insist that any link to an Owner Site be discontinued, and the Owner may revoke your right to link to an Owner Site from any other web site at any time upon written notice to you.

13. Third Party Web Sites.  You may be able to link from the Owner Sites to third party web sites and third party web sites may link to the Owner Sites (“Linked Sites”).  You acknowledge and agree that the Owner has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by the Owner. If you choose to rely on any Linked Site, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.

14. DISCLAIMER OF WARRANTIES.  THE OWNER SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE OWNER HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  THE OWNER DOES NOT WARRANT THAT THE OWNER SITES, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.  THE OWNER MAKES NO WARRANTY THAT THE OWNER SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER, OR FROM OR THROUGH THE OWNER SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  THE OWNER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE OWNER SITES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE OWNER SITES.  IF YOU ARE DISSATISFIED WITH THE OWNER SITES, YOU SHOULD DISCONTINUE USING THE OWNER SITES.  THE OWNER DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE OWNER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE OWNER SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.  USE OF THE OWNER SITES, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE OWNER AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA ANY OWNER SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE OWNER SITES OR IN CORRESPONDENCE WITH THE OWNER OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE OWNER SITES ARE PROVIDED BY THE OWNER (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE OWNER OR ITS LICENSOR OR SUPPLIER.

15. LIMITATION OF LIABILITY.  IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE OWNER, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE OWNER SITES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE OWNER SITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE OWNER SITES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE OWNER SITES.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE OWNER SITES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE OWNER FOR YOUR USE OF ANY OWNER SITE, OR (B) TEN DOLLARS ($10).  ALL USERS OF THIS ARCHIVE SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

16.  Jurisdictional Issues.  The Owner Sites are intended for users who are located in the United States of America and its territories, possessions and protectorates. The Owner does not represent that materials on the Owner Sites are appropriate or available for use in other locations.  Persons who choose to access the Owner Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Owner Sites is further subject to United States export controls. No software from the Owner Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Termination.  The Owner may terminate, change, suspend or discontinue any aspect of the Owner Sites at any time.  The Owner may restrict, suspend or terminate your access to the Owner Sites, to any Site Content and/or its services if we believe you are in breach of the these Terms of Use or applicable law, or for any other reason without notice or liability.  The Owner maintains a policy that provides for the termination in appropriate circumstances of the Owner Sites use privileges of users who are repeat infringers of intellectual property rights.

18.  Miscellaneous.  These Terms of Use and the relationship between you and the Owner shall be governed by the laws of the United States and the State of Georgia, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Georgia, County of Cobb.  You agree to submit to the personal and exclusive jurisdiction of the courts located within Cobb County in the State of Georgia.  The Owner’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use 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 Terms of Use remain in full force and effect.

19.  Copyright.  We respect the intellectual property rights of others, and require that the people who use the Owner Sites do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Owner’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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.

We will respond to notices of claimed copyright infringement in accordance with the DMCA. 

Copyright or other legal questions unrelated to the DMCA should be addressed to contact@benlipford.com.

Thank you,

Ben Lipford Photography, Inc.