N-Vu, LLC (“N-Vu”, “we,” or “us”) provides its site visitors with a number of benefits, including access to selected articles from our event websites, apps, premium products, and selected tools and other services (collectively, the “Site Services”), for their individual usage, subject to compliance with the terms and conditions set forth herein.
Changes to the TOU
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change the site services, including eliminating or discontinuing any content or feature of the site services; or
- Impose fees, charges or other conditions for use of the site services (with reasonable notice).
If any of the terms contained in the TOU become unacceptable to you in the future, you may cancel your photographer membership by notifying our Customer Service Department by email at email@example.com or by telephone at 1-877-638-7468, Monday through Friday between the hours of 8:30 a.m. and 5:00 p.m. If you are a client of an N-Vu photographer, please ask your photographer to contact us directly to deactivate your event or portrait website or should you have any changes for your website. Please allow at least five business days for such cancellation to become effective.
Registration and Privacy
As a visitor to our site, and by providing your e-mail address, you give N-Vu permission to contact you, via email, with information on how to access this event to view and purchase photographs, and on specials and future promotions from N-Vu and its partners. Additionally, by providing your e-mail address, you certify that you are 18 years of age or older.
The site services and the content available through the site services are the property of N-Vu and its customers to include the images of our photographers. You may access and use the content, but you are not permitted to print any images or content from the site. You acknowledge that you do not acquire any ownership rights by using the site services.
“N-Vu ” the N-Vu Logo, and other marks are trademarks and/or service marks of N-Vu, LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
You may not print, republish, upload, post, transmit or distribute content available through the site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Except for normal use by registered photographers who are paying to use the site, modification of the content or use of the content for any purpose, other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
You may not post or obtain any content using the web site which: is threatening, obscene, pornographic or profane, or any other material that could give rise to any civil or criminal liability under applicable law. While N-Vu, LLC does not and cannot review all content provided to it, and is not responsible for such content, N-Vu, LLC reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by N-Vu, LLC for the purposes of delivering the offered services. N-Vu, LLC will not be liable for any content provided to it, including the photographs and any content added by account holders.
In addition, in connection with your use of the site services, you agree not to:
- Restrict or inhibit any other visitor from using the site services, including, without limitation, by means of “hacking” or defacing any portion of any of our web sites;
- Use the site services for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site services or any of our web sites;
- “Frame” or “mirror” any content available through the site services or any of our web sites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the content available through the site services or any of our web sites; or
- Harvest or collect information about users of the site services without their express consent.
You further agree that at no time will you, directly or indirectly, engage in, assist, abet, encourage, facilitate or approve the following:
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Download any file posted by any photographer that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as 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 site services.
- Illegally harvest or otherwise collect information about others, except for use of the N-Vu marketing tools as outlined in the Photographer’s Agreement.
- Violate any code of conduct or other guidelines or applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site services and the content made available therein.
Photographs and Products
All of the photographs featured on our web site were created by photographers who have provided them to N-Vu, LLC for worldwide sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to N-Vu, LLC the right to post them on the site and provide the services offered. You can purchase the photographs featured on our site from N-Vu, LLC in the form of photographic prints, or other photographic products (collectively, the “Products”). You acknowledge that all products are custom made to your order by a professional color lab and have no market beyond your purchase thereof. As such, all products are non-returnable and payment for all products is required to be made in full in advance. All items purchased through N-Vu, LLC and shipped to you by your photographer or their color lab are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. You may not reproduce, scan, display, transmit, distribute or otherwise exploit the products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of your photographer. You agree not to otherwise modify, alter or otherwise manipulate any product, including without limitation, adding other material to a product, without N-Vu, LLC’s prior written consent. While N-Vu, LLC uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can N-Vu, LLC ensure that all persons depicted in the photographs have consented to the display of their image on this web site. If your photograph appears on this web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to firstname.lastname@example.org with your reason why you would like it removed.
Features and Links to Other Web Sites
Your use of certain services made available to you by N-Vu may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated or the third party ceases to offer it. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.
Content available through the Site services may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimer of Warranties
THE SITE SERVICES, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE SERVICES, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, N-VU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SITE SERVICES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
N-VU AND ITS AFFILIATES TO INCLUDE PROFESSIONAL PHOTOGRAPHERS, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE SERVICES OR THE SERVER(S) ON WHICH THE SITE SERVICES IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SITE SERVICES, INCLUDING THE INTEGRITY OF YOUR SOFTWARE AND THE ABSENCE OF VIRUSES OR OTHER MALWARE AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF N-VU OR ITS AFFILIATES, SUPPLIERS, AGENTS, SITE VISITORS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that content available through the Site services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Site services by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Site services. In the event that such a situation arises, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Limitation of Liability
NEITHER N-VU, LLC NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH N-VU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE SERVICES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site services; or (c) your violation of the rights of any third party.
You understand and agree that N-Vu may, under certain circumstances and without prior notice to you, terminate your access to and use of the site services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by N-Vu, LLC or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to N-Vu, LLC, ATTN: Customer Service, 8906 E. 67th Street, Raytown, MO 64133, tel: (877) 638-7468, fax: (816) 313-1480, email: firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Nothing contained herein shall be construed as legal advice and it is not intended as legal advice.
The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all TSC policies referred to herein, constitutes the entire agreement between you and N-Vu, LLC relating to your use of the site services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and N-Vu are governed by and construed in accordance with the laws of the State of Missouri, without regard to its principles of conflict of laws. You and N-Vu agree to submit to the personal and exclusive jurisdiction of the federal courts for the Western District of Missouri, and waive any in personam jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines, modifies, limits, expands or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.