Terms of Service
These Terms of Service (“Terms”) apply to PhotographBanzai.com and any affiliated website(s), all email newsletters published or distributed by Scott Waldron, and all other interactive features, services, and communications (collectively, the “Site(s)”) provided by Scott Waldron that are operated, made available, produced or maintained by Scott Waldron (“SW,” “we,” “us”, or “our”).
By using our Site(s), you are agreeing to these Terms. Please read them carefully. This is a legal agreement between you and us that states the material terms and conditions that govern your use of the Site(s). If you are using our Site(s) on behalf of an organization, that organization accepts these terms.
If you are under 13 years of age, do not use the Site(s). If you are under 18 years of age, you may use the Site(s) only if you have legal parental or guardian consent to accept these Terms and are fully able to abide by them.
Using Content on the Site(s)
SW maintains the Site(s) for personal information, entertainment, and educational purposes. All content on the Site(s) is the sole property of SW, our vendors, and our partner organizations, and is protected by copyright, trademark and other law.
Online public search engines such as Google and Bing are allowed to parse Content for the sole purpose of providing the general public a conduit to access SW Site(s). Display of a textual Excerpt is allowed in that context as long as it does not comprise of more than 15% of each piece of Content. News organizations and related public services are allows to post textual Excerpts of content (no more than 15% of each piece of Content) providing they link back to the original Content with a prominent, highly visible, and functional link. Any other potential use of SW Site(s) Content must request permission and receive confirmation of approval. (info at this website’s address).
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, re-post or otherwise use the Content on our Site(s), without prior written authorization from SW (and, as applicable, any third party copyright owners of such Content).
All trademarks, service marks and trade names of SW (including, but not limited to, the SW name, any logos, the Site(s)’ names, the Site(s)’ design, and all other names of SW programs referenced herein or on the Site(s)) (collectively, the “Marks”) are registered or common law trademarks of SW. In no event may the Marks be reproduced separately from the textual content associated with them on the Site(s). You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement. Unauthorized use of any Marks may be a violation of federal and state law.
Misuse and Interference
You agree that you will not misuse our Site(s). You agree not to (1) use any robot, spider, scraper or other automated means to access the Site(s) for any purpose besides providing a search engine service to the general public such as Google and Bing without our express written permission; (2) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (3) interfere or attempt to interfere with the proper working of the Site(s) or any activities conducted on the Site(s); (4) bypass any measures we may use to prevent or restrict access to the Site(s); or (5) use the Site(s) for any purpose prohibited by law.
Some of our Site(s) are available on mobile devices. Do not use such Site(s) in a way that distracts you and prevents you from obeying traffic or safety laws.
Modifying and Terminating our Site(s)
We are constantly changing and improving our Site(s). We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You may stop using our Site(s) at any time. We may also stop providing our Site(s) or services to you, or add or create new limits to our Site(s) at any time.
Warranties and Disclaimers
ALL CONTENT ON THE Site(s) IS PROVIDED SOLELY FOR ENTERTAINMENT, EDUCATIONAL, AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THE Site(s) IS AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SW NOR ITS VENDORS OR AGENTS MAKE ANY SPECIFIC PROMISES ABOUT THE Site(s). FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE Site(s), THE SPECIFIC FUNCTIONS OF THE Site(s), OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE Site(s) “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Site(s)
SW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE Site(s) OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE Site(s).
You agree that you will hold harmless and indemnify SW and its affiliates, officers, directors, employees, and agents from any claim, suit or action arising from or related to the use of the Site(s) or Content or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. This defense and indemnification obligation will survive these Terms and your use of the Site(s).
Changes to these Terms
We may modify these terms or any additional terms that apply to the Site(s) to, for example, reflect changes to the law or changes to our Site(s). You should review these terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of the Site(s).
These terms control the relationship between you and SW. They do not create any third party beneficiary rights.
You agree that the Site(s) shall be deemed to be solely based in Illinois, and that the Site(s) shall be deemed passive website(s) that do not give rise to personal jurisdiction over SW in jurisdictions other than Illinois. These Terms shall be governed by and construed according to the laws of the State of Illinois, without reference to its choice of law principles. Any claim or cause of action arising out of or relating to the Site(s) shall be brought in the state or federal courts located in the Northern District of Illinois (https://www.ilnd.uscourts.gov/) and you hereby agree to the jurisdiction and venue of those courts for any such dispute. Any such claim or cause of action shall be barred permanently unless such claim or cause of action is brought within one year after it arises.
Where possible, these Terms shall be interpreted in such manner as to be effective and valid under applicable law. Should any part of these Terms for any reason be declared invalid or void, such decision shall not affect the remaining portion which will remain in full force and effect.
This is the entire agreement between us relating to your use of the Site(s) and supersedes any prior understandings or agreements, written or oral. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by SW.
SW has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms. In addition, we reserve the right to seek all remedies available at law and in equity for violations of these Terms.
The Site(s) are provided by SW, which is located in Illinois, USA.
Last revised: December 12th, 2019.