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Simply Violet Photography is a wedding website for the fine art bride. The services offered by Simply Violet Photography include the Simply Violet Photography websites located at simplyvioletphotography.com or any sub domain of simplyvioletphotography.com (the “Simply Violet Photography Website”), and any other feature, content or applications offered from time to time by Simply Violet Photography in connection with the Simply Violet Photography Website whether accessed directly or through our application for mobile devices (collectively, the “Simply Violet Photography Services”). The Simply Violet Photography Services are hosted in the United Kingdom.
These Terms of Use (this “Agreement”) set forth the legally binding terms for your use of the Simply Violet Photography Services. By using the Simply Violet Photography Services, whether as a “Visitor” (meaning you simply browse the Simply Violet Photography Website) or as a “User” (meaning you have registered with and/or submitted content to the Simply Violet Photography Website either as an individual or as a company), you agree to be bound by this Agreement and the Simply Violet Photography Privacy Policy. This Agreement includes your rights, obligations and restrictions regarding your use of the Simply Violet Photography Services, so please read it carefully. If you do not agree with the Terms of this Agreement, you should leave the Simply Violet Photography Website and discontinue use of the Simply Violet Photography Services immediately. If you wish to become a User, submit content, video or images, communicate with other Users and generally make use of the v Services, you must read this Agreement and by using the Simply Violet Photography Website or registering with us, you are agreeing to comply with this Agreement.
Simply Violet Photography may modify this Agreement from time to time and each modification will be effective when it is posted on the Simply Violet Photography Website. You agree to be bound to any changes to this Agreement through your continued use of the Simply Violet Photography Services. You will not be notified of any modifications to this Agreement, so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO, SUBMIT TO OR EMBED ON THE Simply Violet Photography SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE Simply Violet Photography SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
1. Eligibility. Use of the Simply Violet Photography Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Simply Violet Photography Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Simply Violet Photography Services and all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
2. Term. This Agreement shall remain in full force and effect while you use the Simply Violet Photography Services or are a User. Simply Violet Photography may terminate your use of the Simply Violet Photography Website or the Simply Violet Photography Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use by Members. The Simply Violet Photography Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavours except those that are specifically endorsed or approved by Simply Violet Photography. Illegal and/or unauthorised use of the Simply Violet Photography Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Simply Violet Photography Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorised use of the Simply Violet Photography Services.
4. User Content.
- Simply Violet Photography does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Simply Violet Photography Services. You represent and warrant that you own the User Content posted by you on or through the Simply Violet Photography Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Simply Violet Photography the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Simply Violet Photography Services.
- After posting, uploading or embedding User Content to the Simply Violet Photography Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Simply Violet Photography Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the Simply Violet Photography Services, you hereby grant to Simply Violet Photography a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on the Simply Violet Photography Services and in any Simply Violet Photography publication will include attribution to the photographer and/or copyright holder.
- Without this license, Simply Violet Photography would be unable to provide the Simply Violet Photography Services or its publications. For example, the license you grant to Simply Violet Photography is non-exclusive (meaning you are free to license your Content to anyone else in addition to Simply Violet Photography), fully-paid and royalty-free (meaning that Simply Violet Photography is not required to pay you for the use of the User Content that you post), sublicensable (so that the User Content you post on the Simply Violet Photography Website is able to be distributed for wide exposure via Simply Violet Photography’s network affiliates; third party content providers; and subcontractors, such as Internet content delivery networks, to provide the Simply Violet Photography Services), and worldwide (because the Internet and the Simply Violet Photography Services are global in reach).
- This license will terminate at the time you remove your User Content from the Simply Violet Photography Services except as to any User Content that Simply Violet Photography has sublicensed prior to your removal of your User Content from the Simply Violet Photography Services, which license shall continue in perpetuity. To remove User Content, please send a request to [email protected] and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Simply Violet Photography Website. We will remove the item(s) as quickly as possible.
- The Simply Violet Photography Services contain Content owned by Simply Violet Photography. Simply Violet Photography Content is protected by copyright, trademark, patent, trade secret and other laws, and Simply Violet Photography owns and retains all rights in the Simply Violet Photography Content and the Simply Violet Photography Services. Simply Violet Photography hereby grants you a limited, revocable, non-sublicensable license to view the Simply Violet Photography Content (excluding any software code) solely for your personal use in connection with viewing the Simply Violet Photography Website and using the Simply Violet Photography Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Simply Violet Photography Content appearing on or through the Simply Violet Photography Services.
- The Simply Violet Photography Services contain Content of other Users and other Simply Violet Photography licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Simply Violet Photography Website and using the Simply Violet Photography Services pursuant to the terms contained herein. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Simply Violet Photography Services.
5. Content Uploaded, Submitted, Embedded.
- Please choose carefully the User Content that you upload to, submit to, or embed on the Simply Violet Photography Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the Simply Violet Photography Services or any User Content that violates this Agreement or that is contrary to the purposes of the Simply Violet Photography Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the Simply Violet Photography Services or include in your Simply Violet Photography dashboard(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
- Simply Violet Photography does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the Simply Violet Photography Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Simply Violet Photography Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Simply Violet Photography assumes no responsibility or liability for this material. Simply Violet Photography makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the Simply Violet Photography Services. If you become aware of any inappropriate User Content on the Simply Violet Photography Services or any misuse of the Simply Violet Photography Services by any person, please contact Simply Violet Photography at [email protected].
- Simply Violet Photography reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the Simply Violet Photography Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
7. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Simply Violet Photography or others (including without limitation Third Party Content or Simply Violet Photography Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Simply Violet Photography Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Simply Violet Photography Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) 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 authorised to act on the copyright owner’s behalf.
