TERMS OF USE

Last Updated: May 1st, 2024

All users of the Sites agree that the access and use of the Sites is subject to and governed by the following terms of use. By using the Sites, you agree that you are at least 18 years of age, or visiting under the supervision of a parent or legal guardian, and legally able to enter into a contract.

 Please take the time to read the following agreement carefully.

GENERAL

The www.benlawphotography.com website, and all of its sub-domains and affiliated sites, as well as Ben Law Photography, LLC’s (“Ben Law Photography”, “company”, “we”, “our”, “us”) messages, galleries, pages and accounts on social media apps, which includes but is not limited to Instagram, Facebook, Twitter/X, Threads, LinkedIn, YouTube, etc (the "Sites") is comprised of various web pages operated by Ben Law Photography.

The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms"). Your use of the Sites constitutes your agreement to all such Terms. If you do not want to agree to be bound by these Terms, do not use our Sites.

The Sites provide information about our products and services, communication with us, gallery access, access to educational content related to photography and more.

Ben Law Photography reserves the right, in its sole discretion, to change the Terms under which the Sites is offered at any time without notice to you. The most current version of the Terms will supersede all previous versions. Ben Law Photography encourages you to periodically review the Terms to stay informed of our updates. 

Your continued use of the Sites after any changes are made is deemed acceptance of those changes by you. You have the sole responsibility to review these Terms periodically.

Your use of the Sites is subject to Ben Law Photography's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 


ELECTRONIC COMMUNICATIONS

Visiting the Sites or sending emails, texts, etc to Ben Law Photography constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 


INTELLECTUAL PROPERTY RIGHTS

Ben Law Photography is the exclusive owner and is in control of the Sites and their content. 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ben Law Photography that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

 

All content included as part of the Sites, including but not limited to text, graphics, slogans, logos, images, videos, downloads, etc, as well as the design, organization, and compilation thereof, and any software used on the Site, is the property of Ben Law Photography or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You agree to a fine of $50 per incident for the unauthorized use of any content in any form on our Sites at the sole discretion of Ben Law Photography.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ben Law Photography content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ben Law Photography and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ben Law Photography or our licensors except as expressly authorized by these Terms.


ADVERTISEMENTS, LINKS, AND THIRD PARTY

There may be times where advertisements or links to other websites may be included on the Sites ("Linked Sites"). The Linked Sites are not under the control of Ben Law Photography and Ben Law Photography is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ben Law Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ben Law Photography of the site or any association with its operators. You agree that your participation in promotions, communication, any business dealings with, or advertisers found Linked Sites is completely between you and the Linked Sites. Any content, opinion, advice, statements, or information of any kind expressed or implied by Linked Sites, or belonging to other users on Linked Sites belongs solely to owners and users of the Linked Sites. We are not responsible for any damages or loss of any kind incurred as a result of any dealings with or presence of the Linked Sites or their users.

In the event that we use an affiliate link, we will clearly mark it. You may reach out if you have any questions about affiliate links we share.

If you link to our Sites, you must comply with all applicable laws and must not:

  • Misrepresent your relationship with Ben Law Photography

  • Present False or Misleading Information about Ben Law Photography

  • Link to content that is reasonably considered unlawful, offensive, defamatory, profane, or vulgar.

If we share or use the content of others (“Third Party Content”) it is with intent and understanding that it is done so with permission from the associated Third Party, or falls within the Copyright Act and is considered “fair use”. Should you believe that your work has been copied on the Sites, please contact me via email and provide the following information:

  • What you claim has been infringed or claim to be infringing.

  • Your Contact Information, or the contact information of the person we need to contact about the infringement

  • A statement from the person submitting the complaint that is with a good faith belief that the use of the material is not authorized by the owner, agent, or law. This statement must be accurate and under penalty of perjury. This Statement must also include a physical or electronic signature of the person who is submitting the complaint, and if they are not the owner of the infringed/infringing material, a statement that the person submitting the complaint is authorized by the owner to operate and act on owner’s behalf.

  

Certain services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Sites domain, you hereby acknowledge and consent that Ben Law Photography may share such information and data with any third party with whom Ben Law Photography has a contractual relationship to provide the requested product, service or functionality on behalf of the Sites users and customers. 

You may be able to connect your Ben Law Photography account to third party accounts. By connecting your Ben Law Photography account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

USER CONTRIBUTIONS

The Sites  may contain testimonials, profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons ("Post") content or materials (collectively, "Contributions") on or through the Sites. All Contributions must comply with the Terms. Any Contribution you post to the Sites will be considered non-confidential and non-proprietary. By making Posts or Contribution to the Sites, you grant Ben Law Photography a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Ben Law Photography will be entitled to use any Posts or Contributions submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You agree and acknowledge that You own or control all rights in and to the Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns. All of your Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not Ben Law Photography, have total responsibility for such Posts and Contributions, including its legality, reliability, accuracy and appropriateness. Ben Law Photography is in no way responsible, or liable to any third party, for the content or accuracy of any Contributions or Posts by you or any other user of the Sites.


RELIANCE ON INFORMATION POSTED

Ben Law Photography owns, operates, and controls the Sites. The information presented to you on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. 

The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Ben Law Photography,  and we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


CONTENT STANDARDS

These content standards apply to any and all Contributions and use of Interactive Services. Contributions must comply in entirety with all applicable laws and regulations on local, state, federal, and international levels. All Contributions must not:

  • Contain material or be considered defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • In any way encourage or promote sexually explicit or pornographic content or material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Violate the legal rights, which include the rights of publicity and privacy, of other people, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

  • Be deceptive or be likely to deceive any person at any time.

  • Promote any type of illegal activity,  advocate for, promote or assist in any unlawful act.

  • Be considered annoying, inconvenient, or cause needless anxiety to, be likely to upset or embarrass, alarm, or  annoy any other person.

  • Impersonate someone else, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, which include, but are not limited to sweepstakes, contests, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by Ben Law Photography or any other person or entity, if this is not the case.

Please note that not all material is reviewed before it is posted to the Sites, and we cannot ensure prompt removal of objectionable material that has been Contributed. Therefore, Ben Law Photography will assume no liability for any action or inaction regarding Posts or Contributions, or any form of communications or content provided by any other user or third party. Ben Law Photography has no liability nor responsibility to anyone for performance or non-performance of the activities described in this section.

PROHIBITED USES

The Sites may only be used for lawful purposes and comply with the Terms. This means that You agree not to use the Sites in any of the following ways:

  • In any ways that violate any local, state, or federal, or international laws and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of manipulating, harming, exploiting or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal or personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material (without prior written consent from us), which includes any "spam", “junk mail", "chain letter" or any other similar solicitation.

  • To impersonate or attempt to impersonate Ben Law Photography or, a Ben Law Photography employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the things mentioned or stated).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Ben Law Photography or users of the Sites or expose them to liability.

  • Use the Website in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Website.

  • Using any automatic device, robot, spider or similar device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.

  • Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent from Ben Law Photography.

  • Use a device, software, or routine that interferes in wany way with the normal function and uses of the Sites.

  • Introduce malicious or technologically harmful software which include any viruses, trojan horses, worms, logic bombs or other material.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server, devices and computers on which the Sites are stored, or any server, computer or database connected to the Sites.

  • Make any attacks on the Sites via a denial-of-service attack or a distributed denial-of-service attack.

  • In any way attempt to interfere with the intended and normal workings of the Sites.


Monitoring and Enforcement

Ben Law Photography has the right to:

  • Remove or refuse to post any Contributions for any reason at any time solely under our discretion.

  • Take any actions in regards to any Contribution we deem necessary or appropriate at our sole discretion, including if we believe that a Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for Ben Law Photography.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take any appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

  • Terminate or suspend your access to all or part of the Sites for any reason or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, Ben Law Photography has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.

YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.


INTERNATIONAL USERS

The Sites are controlled, operated and administered by Ben Law Photography from our offices within the USA. If you access the Sites from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ben Law Photography Content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ben Law Photography, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ben Law Photography reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ben Law Photography in asserting any available defenses. 

  

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEN LAW PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME. 

  

BEN LAW PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEN LAW PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEN LAW PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEN LAW PHOTOGRAPHY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

  

TERMINATION/ACCESS RESTRICTION 

Ben Law Photography reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the personal and exclusive jurisdiction and venue of Federal and State courts in Grand Traverse County in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ben Law Photography as a result of this agreement or use of the Site. Ben Law Photography's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ben Law Photography's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ben Law Photography with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ben Law Photography with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ben Law Photography with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

  

CONTACT US

The Sites are operated by Ben Law Photography in Traverse City Michigan. Any feedback, questions, comments, support, or other communications relating to the Sites may be emailed to: hello@benlawphotography.com