Terms of Service

Terms and Conditions

Agreement between user and https://www.adamkraftphotos.com

Welcome to https://www.adamkraftphotos.com. The https://www.adamkraftphotos.com website (the “Site”) is comprised of various web pages operated by Adam Kraft (“Adam Kraft Photos”). The Site is offered to you (Licensee) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.adamkraftphotos.com is an e-commerce Site that provides free and paid licensed digital media.

Privacy

Your use of https://www.adamkraftphotos.com is subject to Adam Kraft Photos’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.adamkraftphotos.com or sending emails to Adam Kraft Photos 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.

Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Adam Kraft and https://www.adamkraftphotos.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Adam Kraft, this Site, and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

https://www.adamkraftphotos.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.adamkraftphotos.com only with permission of a parent or guardian.

Cancellation/Refund Policy

If you are not happy with your purchase, please email us. Due to the digital nature of our products, media that has been downloaded is not eligible for refund unless the media was not accurately represented in the product description.

Links to third party sites/Third party services

https://www.adamkraftphotos.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Adam Kraft Photos and Adam Kraft Photos 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. Adam Kraft Photos is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Adam Kraft Photos of the site or any association with its operators.

Certain services made available via https://www.adamkraftphotos.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.adamkraftphotos.com domain, you hereby acknowledge and consent that Adam Kraft and https://www.adamkraftphotos.com may share such information and data with any third party with whom https://www.adamkraftphotos.com has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.adamkraftphotos.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Adam Kraft Photos 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 Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Adam Kraft Photos 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 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 except as outlined in these terms. Adam Kraft Photos 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 Adam Kraft. 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 Adam Kraft Photos or our licensors except as expressly authorized by these Terms.

Digital Media Ownership

All digital media on https://www.adamkraftphotos.com are owned by Adam Kraft protected by United States copyright law and international copyright treaties.

License Terms

Adam Kraft grants licensee a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, and right to create derivative works with respect to the digital media purchased (including free offerings) an unlimited number of times, in any and all media, for all uses other than as described in the Use Restrictions section below.

Digital media may not be used for more than one client or customer at a time. You must purchase a separate license for each individual client or customer for whom or which you acquire or use the media.

Licensee may make a backup copy of the digital media for internal back-up purposes provided Adam Kraft’s copyright and any identifying information embedded with the digital file is retained with the file. Limited, temporary transfers of the digital media are permitted to third parties integral to the creation of the final product.

An exclusive use license may be available on request for additional license fees by contacting Adam Kraft Photos.

Marketing and Promotion

By using any digital media downloaded from https://www.adamkraftphotos.com, you grant Adam Kraft and https://www.adamkraftphotos.com the right to display or reference your derivative work using or incorporating such media, in any reasonable marketing, educational, and/or promotional purpose as an example of customer usage.

Use Restrictions

Licensee may not without obtaining specific written consent from Adam Kraft Photos (which may not be available) and the payment of an additional license fees:

  • sublicense, sell, assign, convey or transfer any of its rights under this agreement.
  • include the digital media in an electronic template intended to be used by third parties on electronic or printed products, or where the purpose is to create “on- demand” products, including but not limited to website designs, presentation templates, electronic greeting cards, merchandise such as business cards, t-shirts, mugs, calendars, posters, screen-savers or wallpaper for mobile devices or any other electronic or printed matter.
  • Sell, license or distribute its final product in such a way that permits Licensee’s end users to extract, download, or otherwise or access the digital media as a stand-alone unmodified file.
  • Incorporate the Images into a logo, trademark or service mark.
  • Use any digital media in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other matter and materials.
  • Use any of the digital media in any manner prohibited by any export laws, restrictions or regulations.
  • Falsely represent that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the digital media.
  • Upload the digital media as a unmodified standalone file to file-sharing websites or social networking websites such as YouTube, Facebook, Twitter, or other third party websites that claim to acquire rights in the media contrary to the term of this agreement. Upon request by Adam Kraft, Licensee shall immediately remove any Images from such platform or website.
  • Use the Images for editorial purposes without including the following credit adjacent to the Image or included in audio/visual production credits “©Adam Kraft, https://www.adamkraftphotos.com

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Adam Kraft Photos has no obligation to monitor the Communication Services. However, Adam Kraft Photos reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Adam Kraft Photos reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Adam Kraft Photos reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Adam Kraft Photos’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Adam Kraft Photos does not control or endorse the content, messages or information found in any Communication Service and, therefore, Adam Kraft Photos specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Adam Kraft Photos spokespersons, and their views do not necessarily reflect those of Adam Kraft Photos.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to https://www.adamkraftphotos.com or posted on Site web page

Adam Kraft Photos does not claim ownership of the materials you provide to https://www.adamkraftphotos.com (including feedback and suggestions) or post, upload, input or submit to any Adam Kraft Photos Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Adam Kraft Photos, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Adam Kraft Photos is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Adam Kraft Photos’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You may be able to connect your Adam Kraft Photos account to third party accounts. By connecting your Adam Kraft Photos 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.

International Users

The Service is controlled, operated and administered by Adam Kraft Photos from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Adam Kraft Photos content accessed through https://www.adamkraftphotos.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Adam Kraft Photos, 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. Adam Kraft Photos 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 Adam Kraft Photos in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Adam kraft photos and/or its suppliers may make improvements and/or changes in the site at any time.

Adam kraft photos 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. Adam kraft photos 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 adam kraft photos 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 adam kraft photos 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

Adam Kraft Photos 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 exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site 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 Adam Kraft Photos as a result of this agreement or use of the Site. Adam Kraft Photos’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Adam Kraft Photos’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 Adam Kraft Photos 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 Adam Kraft Photos with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Adam Kraft Photos 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.

Changes to Terms

Adam Kraft Photos reserves the right, in its sole discretion, to change the Terms under which https://www.adamkraftphotos.com is offered. The most current version of the Terms will supersede all previous versions. Adam Kraft Photos encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Adam Kraft Photos welcomes your questions or comments regarding the Terms:

Adam Kraft Photos
25 Dickens Rd
Spring Arbor, Michigan 49283

Email Address:adam@adamkraftphotos.com

Effective as of July 02, 2014

 

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