Kevin Weinstein Photography Terms & Conditions
Welcome to Kevin Weinstein Photography, Inc. This website, KevinWeinstein.com (the “WebSite”) is meant to serve as a platform for you, the individual or entity using this site, to learn more about Kevin Weinstein Photography, Inc., and to access our goods and services offered.
You represent and warrant that you are of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
We reserve the right at any time, with or without cause, to change the terms and conditions of these Terms or change the Site, including eliminating or discontinuing any content, services or other feature of our platform. Any changes we make will be effective immediately upon our making such changes available on our website or otherwise providing notice thereof. You agree that your continued use of the Service will constitute your agreement to be bound by the changed Terms.
Please contact us with any questions regarding these Terms.
You must be at least 14 years of age to access and/or use the Site. Using the Site may be prohibited or restricted in certain countries. If you use the Site from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site. Any use of the Site is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to agree to these Terms and abide by all of the terms and conditions herein.
By accessing or using the Site, you accept and agree to these Terms, conditions and notices contained or referenced herein, and consent to have these Terms and all notices provided to you in electronic form. Please print a copy of these Terms for your records. To receive a non-electronic copy of these Terms, please contact us at firstname.lastname@example.org.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by KWP (hereinafter collectively referred to as KWP). The copyright and/or any other intellectual property rights in all material provided on this site is held by KWP or the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of KWP or the copyright owner. No material from this site or any other site owned, operated or controlled by KWP may be copied, reproduced, republished, uploaded posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of KWP’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade name are proprietary to KWP.
CONTENT POSTED BY YOU
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Site or transmit to other users, including text messages, chat, forum messages, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of your use of the Site, transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from any associated account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Site and grant the licenses set forth below.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the site. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates these Terms or may harm the reputation of the Site or KWP. Such Content may also be suspended if reported by other Service users.
By posting Content as part of the Site, you automatically grant to KWP, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party. Furthermore, to the extent permitted by applicable law, you hereby waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
HOWEVER KWP acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to KWP in the paragraph above, and that no ownership of such copyrights is transferred to KWP under these terms.
MOREOVER, KWP PROMISES, WITH REGARD TO ALL CONTENT, NOT TO UTILIZE RECOGNIZABLE PHOTOS OR INFORMATION OF THE PERSONS OF ANY OF ITS USERS IN ANY ADVERTISING WITHOUT THEIR EXPRESS CONSENT. However KWP will not be liable for any such Content released or leaked unintentionally by, or without gross negligence on the part of, KWP.
KWP is pleased to hear from its customers and welcomes your comments regarding KWP products, including KWP online services. Unfortunately, however, KWP’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by KWP might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as story ideas or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If at our request you send certain Media-specific submission (e.g., artwork, photographs, personal stories or personal reflections for social sharing purposes, or postings to contests) or, despite our request that you not send us any other creative materials, you do send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of KWP. None of the Submissions shall be subject to any obligation of confidence on the part of KWP, and KWP shall not be liable for any use or disclosure of any Submission. Without limitation of the foregoing, KWP shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
COPYRIGHT POLICY; NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
- your address, telephone number and email address;
- a written 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; 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.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at email@example.com or the following address:
c/o Kevin Weinstein Photography Legal
8921 West Pico Blvd.
Los Angeles, California 90035
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Site or behaved in a way KWP regards as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Site . You will not:
- impersonate any person or entity.
- post any Content that is prohibited by the Section on Content Posted by You in the Service.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Site without our specific prior written consent.
- use the Site in an illegal manner or to commit an illegal act;
- access the Site in a jurisdiction in which it is illegal or unauthorized;
- ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site.
- interfere with or disrupt the Service or the servers or networks connected to the Site.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site(either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Site, without the KWP’s prior written authorization.
- use meta tags or code or other devices containing any reference to the Site (or any trademark, trade name, service mark, logo or slogan of KWP) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with these Terms.
KWP is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting KWP products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by KWP from its offices within the State of California, United States of America. KWP makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site 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 this site is further subject to the United States export controls. No goods or services may be purchased through the Site or otherwise exported or re-exported (i) into (or to a nation or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. 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. By purchasing or using such goods and/or services 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.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KWP DOES NOT WARRANT THAT THE FUNCTION CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KWP DOES NOT WARRANT OR MANY ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KWP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KWP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF KWP OR A KWP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KWP TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR THE PURCHASE PRICE PAID FOR THE PARTICULAR GOOD OR SERVICE PURCHASED BY YOU FROM KWP THROUGH THIS SITE.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as post by KWP on this site or in writing, signed by KWP.