Welcome to the Pasha Belman Photography ("PBP") Web Site (the "Website"). Please read this User Agreement carefully, including the PBP Privacy Policy.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED ON THIS PAGE.
This legal notice applies to the entire contents of this website under domain name https://pashabelman.com (Website) and to the supply of services by us, any correspondence by email between us and you. Please read these terms carefully before using this website.
By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by these terms. If you do not accept any of the terms stated here, you must not use the Website. The right to access and use the Website is not transferable to any person or entity. PBP may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review the User Agreement. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the PBP Website after we post a change, it means you agree to the new rules.
ONLINE PRIVACY STATEMENT
Please review our Privacy Policy, which is part of this User Agreement and describes our data collection policies, privacy measures and treatment of personal information of Website users.
VISITOR CONDUCT
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. PBP shall have no obligations with respect to such material.
You agree that you will not misuse the Website:
• for any unlawful purpose;
• to upload, post, order for print, e-mail or otherwise transmit or communicate any material that (i) is offensive, blasphemous, unlawful, harmful, threatening, abusive, obscene, defamatory, or libelous, (ii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus, worm, data or other files or programs designed to damage or allow unauthorized access to the Website which may cause any defect, error, malfunction or corruption to the Service), or (iii) could otherwise give rise to any civil or criminal liability under applicable law, or is otherwise in any way objectionable;
• for any commercial purpose other than as expressly permitted in a separate written agreement between PBP and you;
• to transmit any advertising, promotional materials, junk mail, spam or any other forms of solicitation that have not been expressly authorized to you in writing by PBP;
• to attempt to access another member’s account without permission; to collect, intercept or harvest users’ names, to collect, intercept or store personal data about other users of the Website or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent;
• to impersonate another person or entity, or to misrepresent your affiliation with another person or entity;
• to interfere with or disrupt (or attempt to interfere with or disrupt) the Website or servers or networks connected to the Website or to disobey and requirements, procedures, policies or regulations of networks connected to the Website;
• to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to PBP; or
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website.
You further agree that you shall not:
• provide any information to PBP that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
• upload or share information and/or content which you do not have permission (if applicable) to upload or share; or
• resell any of the products.
PBP shall fully co-operate with any law enforcement authorities or court order requesting or directing PBP to disclose the identity of, or locate anyone posting any material in breach of these Terms and Conditions.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. PBP has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. PBP therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of PBP’s logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that PBP is endorsing any product(s) or services other than its own;
you do not misrepresent your relationship with PBP nor present any other false information about PBP;
you do not otherwise use any trade marks displayed on this Website without express written permission from PBP;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
PBP expressly reserves the right to revoke the any rights granted in these Terms and Conditions for breach of the above terms and to take any action it deems appropriate.
You shall also fully indemnify PBP for any loss or damage suffered by PBP or any of its group companies for breach of the above terms.
REGISTRATION
Each registration is for a single user only. PBP does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you. When you give permission to another person to view your photos, keep in mind that that person is then able to print your photos and, also, to share them with others.
INTELLECTUAL PROPERTY
All of the content on this Website (including without limitation the graphics, design, trademarks, slogans, service marks, trade names, trade dress and look and feel) is owned by Pasha Belman Photography, Inc. and is protected by United States and international copyright, trademark, and/or other intellectual property rights laws.
You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Pasha Belman Photography.
You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means).
No part of this website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.
You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Website or its content or any part thereof to you or any third party nor to authorize you to create derivative works based on the content.
DISCLAIMER
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PBP DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PBP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PBP MAY MAKE CHANGES TO THE MATERIAL ON THIS WEBSITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THIS WEBSITE MAY BE OUT OF DATE , AND PBP MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL. YOU SPECIFICALLY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU DOWNLOAD FROM THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PBP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF PBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PBP’S MAXIMUM, AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PBP IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN PBP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND PBP’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.
INDEMNIFICATION
You agree to indemnify and hold harmless PBP, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of (a) any use or misuse of the Website by you or any other person who accesses the Website using your account, (b) any violation of these Terms of Service by you or any other person who accesses the Website using your account, or (c) any violation of any rights of a third party.
SOFTWARE
In connection with the Website, PBP may make software available to you. To download such software, you may be required to agree to a separate software license agreement. Third party software is subject to that third party's terms and conditions, and the agreement will be between you and that third party. PBP does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses. PBP does not offer any warranty on any software that you download. Moreover, you are responsible for compliance with all applicable laws, including but not limited to United States export laws and regulations, when you use or export any software or materials provided in connection with the Website.
TERMINATION
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement survive any such termination.
GOVERNING LAW
This User Agreement is governed by the laws of the State of South Carolina applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of South Carolina and Horry County and waive any jurisdictional and venue or inconvenient forum objections to such courts.
GENERAL
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force
If you have any questions or would like to discuss our Website Terms and Conditions, then please do contact us via our website contact form.
