Terms of Service and Legal Information
The contents of this Site are: © 2011 Defy Photography LLC, and/or its affiliates or suppliers. All rights reserved.
The material on this Web Site, such as text, photographs, images, graphics, logos, button icons, audio, video, and software, as well as the compilation of such material, is the property of Defy Photography LLC and its affiliates or its content suppliers and is protected by U.S. copyright law, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Defy Photography LLC grants you the right to view and download this copyrighted material for personal, noncommercial, and/or home-use only, provided you keep all copyright and other proprietary notices intact. Unless you’re allowed through the Licensing Information, you agree not to modify, edit, adapt, create derivative works from, publicly perform or display, transmit, publish, sell, republish, redistribute, strip mine, or reproduce in quantity, or otherwise make unauthorized use of any material contained on this Web Site without the express written permission of Defy Photography LLC .
If you’d like to have permission or just want further information about republishing Site content, please contact us at firstname.lastname@example.org
Generally on this Site, models in photographs are used for illustrative purposes only and do not necessarily endorse this Site.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe this Web Site is infringing your copyright, Defy Photography LLC will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 -(2) (“DMCA”). Pursuant to DMCA, written notification of claimed copyright infringement may or should be submitted to the following Designated Agent for this Site:
Service provider(s): Defy Photography LLC
Name of agent designated to receive notification of claimed infringement:
William Slater Vincent
Full address of designated agent to which notification should be sent:
1810 Wicksley Way, Marietta, GA 30062.
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks, logos and images used on this Site’s goods and services are property of The Defy Photography LLC or its affiliates and may not be used in any manner without obtaining written permission. All other trademarks are the property of their respective owners.
- Google™ is a trademark of Google, Inc.
Postings and Other Submissions of Content
If you submit photos, statements, questions or comments or other creative content to the Site, including but not limited to the online forums, you grant Defy Photography and its affiliates a non-exclusive, worldwide, royalty-free, right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and display any such content, in whole or in part, in any publications, in any and all media worldwide, for any purpose it deems appropriate, with or without name attribution. You also warrant that the submission does not violate the rights of any third party.
You agree that you won’t post any of the following on the Site:
- Material which defames, defrauds, abuses, accuses, or threatens others, or which contains vulgar, sexually-oriented, obscene, or indecent language or images.
- Statements that are bigoted, hateful, or racially offensive.
- Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
- Unauthorized copyrighted material.
- Advertising or any form of commercial solicitation.
Statements or postings that violate these terms will be deleted upon discovery.
You are welcome to post, transmit, or submit comments and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to the blog portion or other public areas within, or in connection with, this Site (collectively “Forums”). However, Defy Photography LLC accepts no responsibility whatsoever in connection with or arising from such messages. Children under the age of 13 are not authorized to post messages or participate in forums on this Site without written parental consent.
Defy Photography LLC does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Defy Photography LLC prior to posting and do not necessarily reflect the opinions or policies of Defy Photography LLC. Defy Photography LLC makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Defy Photography LLC reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
Defy Photography LLC assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Defy Photography LLC chooses, in its sole discretion, to monitor the Forums, Defy Photography LLC nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Defy Photography LLC accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
2013 Wedding iPad Giveaway:
- Value of each prize is limited to a monetary value of $500, and will not be limited to a new ‘base model’ Apple iPad (3 Generation).
- Winners’ can elect to pay the difference for upgrading prize beyond the ‘base model’ for higher storage capacity, cellular or android equivalent.
- Device will be delivered with original packaging, and will be loaded with photos from the wedding. In the event of a referrer winning, photos loaded on the iPad will be from their previous photo session.
- Defy Photography, LLC is responsible for delivery of the iPad to the winner 20 business days after the winner’s wedding is complete. If the winner’s wedding is complete before the drawing, they will receive the iPad within 20 business days of the draw date. The device will be sent to contract holder or referral with the edited photo DVD or flash-drive.
- Winner Default: If a winner fails to complete their wedding contract, names from the original drawing will be included in a redraw. Only good standing customers will be included in the redraw.
- Contest is limited to the calendar year of 2013.
- Drawings are scheduled for June 30, 2013 and December 31, 2013. If the minimum drawing requirement is not met for June’s drawing, those participants will be included in the final drawing in December 2013.
- Drawing Minimum Requirement: 6 new participants not including referrers, for each drawing will require Defy Photography, LLC, to continue with iPad drawing.
- Drawing Participants are to be considered by deposit receipt dates from within the calendar year of 2013.
- Drawing Pools: 15 new participants will create a drawing pool. Whereas at 16-30 participants, an additional participant’s name will be drawn for a second iPad. If contest reaches 31-45 participants, an additional participant’s name will be drawn for a third iPad.
- Participants in June’s drawing will be included with the participants of December’s drawing as Rollover Participants. Rollover Participants will not be included in the drawing pool count for determining the number of participants to be drawn.
Participants in drawings:
- Bride (or contract holder): must book a minimum of a 5-hour wedding package, and pay a non-refundable wedding deposit of $200.00. The deposit receipt date determines which drawing the bride will be entered into. In order to receive the iPad, the wedding contract must be fulfilled.
- Referral: Referrer must be a previous client of any photo service; and must provide two wedding referrals with a minimum 5-hour wedding package, and pay a non-refundable wedding deposit of $200.00. The referrer and each participating bride will be included in the drawing. The deposit receipt date determines which drawing the brides will be entered into. The referrer will be included based off of the second referral’s deposit receipt date. In order for a referrer to receive the iPad, at least one referral contract must be completed.
Defy Photography LLC reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. Defy Photography LLC assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your Web Site.
You may terminate your account or access rights to this Web Site at any time, without notice. Defy Photography LLC may in its sole discretion and at any time discontinue providing access to the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site may be effected without prior notice, and you agree that Defy Photography LLC will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Defy Photography LLC may have at law or in equity. The provisions of this Site’s Terms of Service shall survive termination.
Third-party Web Sites; Advertisers
This Web Site may include links or references to other Web Sites or services solely as a convenience to Users (“Reference Sites”). Defy Photography LLC does not endorse any such Reference Sites or the Information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Disclaimer of Warranties
THIS SITE, ITS OPERATION, AND ALL OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE ARE PROVIDED BY DEFY PHOTOGRAPHY LLC ON AN “AS IS” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEFY PHOTOGRAPHY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
DEFY PHOTOGRAPHY LLC IS NOT RESPONSIBLE IN ANY WAY FOR THE CONDUCT OF USERS OF THIS SITE OR INFORMATION EXCHANGED OR POSTED ON THIS SITE, INCLUDING A CLAIM OF DEFAMATION.
DEFY PHOTOGRAPHY LLC IS NOT RESPONSIBLE FOR ANY LOST CONTENT OR DATA.
You agree to defend, indemnify, and hold harmless Defy Photography LLC its affiliated entities, companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this Web Site, any breach or alleged breach by you of these Terms, any breach or alleged breach of the copyright, trademark, proprietary, or other rights of third-parties by you, or any breach of the representations, warranties, and covenants made by you herein. Defy Photography LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Defy Photography LLC and you agree to cooperate with Defy Photography LLC defense of these claims.
No Personal Liability
No director, officer, trustee, employee, or agent of Defy Photography LLC or its affiliates, shall be personally liable for the performance or failure to perform any provision of this Terms of Service.
All disclaimers, policies, terms and conditions, and disputes, thereunder will be governed by the laws of the Commonwealth of Georgia, without regard to choice of law principles.