Terms and Conditions
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Custom Photography Tours, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
1. RIGHTS AND USAGE.
All images produced for a Client may be used by the Client for any and all marketing materials and campaigns associated with the property and for the Client’s self-promotion. The photos may also be used by the Client’s parent company for the sole purpose of marketing the speciﬁc property photographed. Ownership of the images remains with the Photographer, and license is granted only to the Client and Client’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer.
2. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which customphotography.com links, and that link to customphotographytours.com. Custom Photography Tours does not have any control over those non-customphotographytours.com websites, and is not responsible for their contents or their use. By linking to a non-customphotographytours.com website, Custom Photography Tours does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Custom Photography Tours disclaims any responsibility for any harm resulting from your use of non-customphotographytours.com websites and webpages.
3. Copyright Infringement.
As Custom Photography Tours asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by customphotographytours.com violates your copyright, you are encouraged to notify Custom Photography Tours. Custom Photography Tours will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
4. Intellectual Property.
This Agreement does not transfer from Custom Photography Tours to you any Custom Photography Tours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Custom Photography Tours. Custom Photography Tours, customphotographytours.com, the Custom Photography Tours logo, and all other trademarks, service marks, graphics and logos used in connection with Custom Photography Tours or our Services, are trademarks or registered trademarks of Custom Photography Tours or Custom Photography Tours' licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Custom Photography Tours or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
6. Disclaimer of Warranties.
Our Services are provided “as is.” Custom Photography Tours and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Custom Photography Tours nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
7. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pierce County, Washington.
8. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Gig Harbor, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
9. Limitation of Liability.
In no event will Custom Photography Tours, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Custom Photography Tours shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Custom Photography Tours, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Custom Photography Tours and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Custom Photography Tours, or by the posting by Custom Photography Tours of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Custom Photography Tours may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.