Terms of Use

FEARLESS & FRAMED, LLC

TERMS OF USE AGREEMENT & ACCEPTABLE USE POLICY

LAST UPDATED FEBRUARY 28, 2017

Welcome to www.fearlessandframed.com. If you continue to browse and use this website, you are

agreeing to comply with and be bound by the following terms and conditions of use, which together with

our privacy policy and disclosures govern Fearless and Framed LLC’s relationship with you in relation to

this website, the series and products contained herein, the online communities we own, and any and all

related legal property and rights under our control (referred to as the “Property”).

 

If you disagree with any part of these terms and conditions or acceptable use policy, please do not use our

Property. The terms “FFL” or ‘us’ or ‘we’ refers to the owner of Fearless and Framed LLC our agents,

subsidiaries, associated marks, and assigns. The term ‘you’ refers to the user or viewer of our Property.

 

TERMS OF USE

The content of the pages of this Property is for your general information and use only. It is subject to

change without notice. This Property contains material which is owned by or licensed to us. Visitors may

view all portions of this site and included material for only for their own personal, non-commercial use

unless otherwise provided in writing by FFL granting appropriate non-competitive commercial licensing

rights. This material includes, but is not limited to design, layout, look, appearance, photos and graphics

(the “Content”). All trademarks reproduced in this Property, which are not the property of, or licensed to

the operator, are acknowledged on the Property. You must retain all copyright and other proprietary

notices contained in the original Content for Property made available for download or reuse from this site.

You may not sell, transfer, assign, license, sublicense, or modify the material or reproduce, display,

publicly perform, make a derivative version of, distribute, or otherwise use the material in any way for

any public or commercial purpose. Unless explicitly approved in writing by FFL, the use or posting of the

material on any other website, social media page, or in a networked computer environment for any

purpose is expressly prohibited. Nothing on FearlessandFramed.com or any of the Property should be

construed as granting, by implication, estoppel, or otherwise, any license or right to use any marks,

without our prior written permission specific for each such use. Use of the any marks as part of a link to

or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.

 

From time to time, the Property may also include links to other websites. These links are provided for

your convenience to provide further information. They do not signify that we endorse the website(s). We

have no responsibility for the content of the linked website(s). Some information provided within the

Property has been obtained from third parties and is provided for informational purposes only. We are not

liable for any inaccuracies in any third party information provided on this Web Site and do not endorse

any of the activities, guides, vendors or service providers described. It is your responsibility to investigate

the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or

service provider. We expressly deny any liability for engagement in any activity, and for use of any third

party guide, vendor or service provider that may be mentioned or described in the Property. Additional

fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely

by the third party vendor, guide, or service provider. Please contact the third party service provider, guide

or vendor for complete details. We do not book, nor do we make any representations regarding the

availability of third party activities or services.

 

Your use of the Property and any dispute arising out of such use of the Property is subject to the laws of

the State of Michigan. You acknowledge and agree that in the event of a breach of this Terms of Use or

Acceptable Use Policy, or threatened violation of our intellectual property rights and confidential and

proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive

relief to enforce this Agreement.

 

ACCEPTABLE USE POLICY

Fearless and Framed LLC invites its users to contribute to our online communities made available on the

Property (the “Community” or “Communities”). Fearless & Framed provides an interactive service that

allows visitors and users to browse, organize, display, sell, and share or purchase photographs, e-books,

magazines, photo session information, questionnaires, and other types of educational material in digital

and print form. This service allows developing and professional photographers to readily exchange

information and resources. Users of the Communities can connect with contributing photographers

(“Contributors”) in order to pursue potential mentoring and/or workshop opportunities and to browse for

and purchase products. In addition, Fearless & Framed LLC provides photography related courses and a

blog featuring photographers and their respective works.

 

You understand and agree that the content of the Community does not contain or constitute

representations to be reasonably relied upon, and you agree to hold Fearless & Framed harmless for any

errors, omissions, or misrepresentations contained within the Communities’ content. You understand that

Fearless & Framed is not obligated to provide any maintenance, technical or other support for the

Communities. By accepting this invitation by becoming a member, creating a user account, or any other

method required to participate in community forums provided by FFL you agree to abide by the following

acceptable use policy:

CONTRIBUTORS

To use Fearless & Framed’s services, Contributors must register an account and create a user profile. To

register an account and create a user profile, Contributors agree to complete the required information.

Upon registration, Contributors agree to review Fearless & Framed’s Privacy Policy (available HERE),

which is incorporated into this Agreement by reference, regarding the collection and use of this and other

information about you.

 

User account information will be used consistent with the Privacy Policy. By creating an Account, you

agree that Fearless & Framed, and its designees and agents, may contact you by any available means,

including, but not limited to, by email. Fearless & Framed’s does not endorse you or discriminate based

upon any information provided by Contributors or made available for population of Contributor’s user

profile.

 

Fearless & Framed may provide different levels of services to the Contributors depending on the

Contributor’s subscription plan. For example, Contributors will be able to register an account and create

a user profile for free. This will allow the Contributors to submit content, such as photographs,

photograph sessions, session planning information, and other educational information to Fearless &

Framed and the Community. Fearless & Framed may, at its sole discretion, determine which content (if

any) is specifically accepted to be published on the Community from the Contributors. As such, Fearless

& Framed may not accept any content from some Contributors.

 

Further, Fearless & Framed may, at its sole discretion, allow Contributors to specifically advertise their

respective goods and services and professional websites through the Community. Contributors allowed to

advertise their goods and services agree to enter into an affiliate relationship with FFL in which FFL will

receive a percentage of sales generated through Community sales. It is each Contributor’s responsibility

to be informed of the various levels of services provided by Fearless & Framed and affiliate rates

corresponding to advertised goods and services.

 

Contributors have a duty to ensure that the information that you provide through your account is truthful,

current, complete, and accurate. You understand that by submitting work you are granting a perpetual and

irrevocable license for your content to reside in the Community database for display. Further Contributors

agree that you have an ongoing duty to update and keep current the information provided through your

account if and when that information changes. Contributors are solely responsible for acquiring all

respective copyrights, licenses, and participant waivers necessary for the submission of content within the

Community. You are expressly prohibited from creating an account that impersonates another person,

contains offensive or obscene language, or otherwise violates the legal rights of a third party including the

right to privacy or intellectual property rights such as trademark or copyright. You expressly agree that

you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the

Community . Fearless & Framed reserves the right to restrict access to, monitor, suspend, disable, or

delete your account at any time, in its sole discretion, and without prior warning.

END USERS

To use Fearless & Framed’s services, end users must register an account and create a user profile. To

register an account and create a user profile, end users agree to complete the required information. Upon

registration, end users agree to review Fearless & Framed’s Privacy Policy, which is incorporated into this

Agreement by reference, regarding the collection and use of this and other information about you. User

account information will be used consistent with the Privacy Policy. By creating an Account, you agree

that Fearless & Framed, and its designees and agents, may contact you by any available means, including,

but not limited to, by email. Fearless & Framed’s does not endorse you or discriminate based upon any

information provided by end users or made available for population of the user profile.

 

Fearless & Framed may provide different levels of services to the end users depending on the end user’s

subscription plan. For example, the free subscription plan may only allow end users to have limited

access to the Community and to only view a limited amount of Contributor Content on the Community .

Fee-based premium subscriptions allow end users to have access to the full Community , including the

entire collection of Contributor Content on the Community . As a result, end users will can easily browse

and access specific Contributor Content and Contributors. In addition, the premium subscriptions provide

end users with opportunities for question and answer sessions with professional photographers,

discounted products sold on the Community , photography courses, and greater opportunities to connect

wither other photography professionals. It is each end user’s responsibility to be informed of the various

levels of services provided by Fearless & Framed.

 

You have a duty to ensure that the information that you provide through your account is truthful, current,

complete, and accurate. You understand and agree that you have an ongoing duty to update and keep

current the information provided through your account if and when that information changes. You are

expressly prohibited from creating an account that impersonates another person, contains offensive or

obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not

use your account to interfere with or disrupt a third party’s enjoyment and use of the Community .

Fearless & Framed reserves the right to restrict access to, monitor, suspend, disable, or delete your

account at any time, in its sole discretion, and without prior warning.

 

The Communities receive data from third-party software systems. You are responsible for communicating

any changes in data structure, management system, or hardware upgrades that may impact Fearless &

Framed’s ability to receive and process your content. In addition, you are responsible for providing

Fearless & Framed with accurate instructions and information regarding the third party systems and

databases with which the Communities and Fearless & Framed’s databases will interface, and you bear all

responsibility for incomplete, inaccurate or otherwise faulty information regarding third party systems

and databases belonging to you as conveyed to Fearless & Framed in connection with set up or

maintenance of Fearless & Framed’s Communities and services.

CONTRIBUTOR CONTENT

Contributors retain their full ownership rights to any content they upload and/or submit to the

Community, including, but not limited to, photographs, videos, text, digital products, biographies, and

business information (“Contributor Content”). You understand that Fearless & Framed does not

guarantee that confidentiality of any Contributor Content submitted to the Community and other

Contributors and end users may view such Contributor Content.

 

By submitting Contributor Content to the Community, Contributors hereby grant Fearless & Framed and

its affiliates and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sublicenseable,

and transferable license to use, reproduce, transmit, publicly display, distribute, and make

available for any purpose regardless of the form or medium. Specifically, Fearless & Framed LLC will

NEVER SELL YOUR CONTENT however FFL may display Contributor Content in any order or

orientation within the Communities, it may be repurposed into checklists, or guides, or used as a lead

magnet. Each Contributor understands and agrees that the above license granted to Fearless & Framed

terminates within a commercially reasonable time after Contributor Content is removed or deleted from

the Community. Also, each Contributor understands and agrees that Fearless & Framed may (but is not

obligated to) keep archives of Contributor Content for the purpose of maintaining business records of

Fearless & Framed and preserving evidence of its Community activity.

 

Further, each Contributor agrees that the Contributor Content submitted to the Communities will not

contain third party copyrighted material, or material subject to other third party proprietary rights, unless

the Contributor has permission from the rightful owner of the material or the Contributor is otherwise

legally entitled to post the Contributor Content and to grant Fearless & Framed all of the license rights

granted herein.

 

END USER GENERATED CONTENT

Except with respect to Contributor Content described above, end users grant to Fearless & Framed and its

affiliates and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sublicenseable,

and transferable license to use, reproduce, transmit, publicly display, distribute, and make

available for any purpose regardless of the form or medium any content that they upload to the

Communities (“User Generated Content”). User Generated Content, shall include, but is not limited to,

images, videos, and text, such as comments about the Communities or about Contributor Content, or

comments submitted as guest entries. Fearless & Framed reserves the right to amend, redact and/or delete

comments for any reason.

 

Both Contributors and End Users (collectively referred to as “You’) may download content and materials

displayed in the Communities for supporting your use of the Community, provided that you retain all

copyright and other proprietary notices contained in such content and materials.

 

You understand that Fearless & Framed does not guarantee that confidentiality of any content that you

submit to Fearless & Framed or the Communities. You agree not to provide Fearless & Framed with any

content unless you have all of the rights (including rights from the copyright owner) necessary to grant

Fearless & Framed the foregoing use license, and to satisfy all of the warranty requirements described

above.

 

CONTRIBUTOR & END USER RELATIONSHIPS

Fearless & Framed is not responsible for any content or communications exchanged between the

Contributors and the end users of the Community. Further, your reliance upon any information provided

by Fearless & Framed, Fearless & Framed’s contractors and employees, if any, others appearing in the

Communities at invitation by Fearless & Framed, or other visitors or users of the Communities is solely at

your own risk.

 

Fearless & Framed does not involve itself in any agreement between any Contributors and end users.

Thus, Fearless & Framed is not responsible for any expectations or outcomes of the relationship. The end

user is solely responsible for assessing the honesty, integrity, experience, and reliability of any

Contributor. Further, Fearless & Framed is not responsible for the accuracy, update, or maintenance of

content uploaded, transmitted, or posted to the Communities.

 

PROHIBITED USES

Both Contributors and End Users agree that you will not use the Community to violate any law, statute,

ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary

and intended purposes of the Communities.

 

Specifically, you are prohibited from, without limitation:

  • Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the
  • Website;
  • Suggesting an affiliation with or endorsement by Fearless & Framed;
  • Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise
  • attempting to solicit information from anyone under the age of 18;
  • Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever
  • form, including providing pirated computer programs or software or links to them, or providing
  • information to circumvent copyright protected notices or devices;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to
  • interfere with the operation of the Website;
  • Circumventing Fearless & Framed’s technological or security protection mechanisms;
  • Using a script, robot, spider, scraper, or other automated technology to access the Website;
  • Attempting to gain access to the private data or personal information of a user of the Website or a third
  • party;
  • Posting or transmitting content intended to collect personal or personally identifiable information from
  • users of the Website or third parties;
  • Harassing and/or stalking a third party through your use of the Website;
  • Impersonating another or creating multiple alias accounts;
  • Using the Website in furtherance of any unlawful sexual solicitation;
  • Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  • Posting or transmitting content that infringes upon the intellectual property rights or other personal or
  • proprietary rights of other users of the Website or third parties;
  • Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene,
  • profane, sexually oriented, racially offensive, or otherwise harmful;
  • Posting or transmitting content that incites any illegal activity;
  • Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing
  • scam, a pyramid scheme, or a chain letter; or
  • Posting or transmitting content that violates any term or condition of this Agreement.
  • Your violation of any term or condition of this section may result in the immediate termination of your
  • registration account and profile and the disabling of your access to the Community.

 

WARRANTIES AND REPRESENTATIONS

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to

adhere the acceptable use policy and to its terms and conditions. You warrant that you are a human

individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at

least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their

review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting

Agreement.

 

You warrant and represent that any and all information that you provide to Fearless & Framed LLC’s

Property is accurate and valid. You shall be solely responsible for your own content and the

consequences of submitting and publishing your content in the Property. You represent and warrant that

you own or have the necessary licenses, rights, and permissions to publish content you submit to the

Communities. You agree to comply in good faith with the terms of this Agreement.

You will not use the Property in any way that violates the rights of third parties, and you agree to comply

with any and all applicable local, national, state, provincial, and international laws, treaties, and

regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where

you reside or where you use the Property. The Property is operated in the United States and Fearless &

Framed makes no representation that its Website or services or products are appropriate, lawful, or

available for use in other locations.

 

ASSIGNMENT

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this

Agreement. Fearless & Framed may assign its rights and obligations under this Agreement at any time,

including but not limited to in a sale of the Property or any portion thereof.

 

CHANGES

Fearless and Framed LLC reserves the right to change, modify or update this policy at any time without

notice. Any substantial changes in the way we use your personal information will be posted on this site. If

you have questions or concerns, please email us at the contact information on the site.