Terms of Use

FEARLESS & FRAMED, LLC TERMS OF USE AGREEMENT

 

Effective Date: July 10, 2016

 

This website (as available at www.fearlessandframed.com or otherwise) and its associated services and content (collectively “Website”) is owned and operated by Fearless & Framed, LLC (“Fearless & Framed”).  Fearless & Framed has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website.  By using the Website, you expressly accept the terms and conditions in this Agreement.

 

FEARLESS & FRAMED MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT FEARLESS & FRAMED MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

  1. About the Website

 

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 Website can connect with contributing photographers (“Contributors”) to the Website in order to pursue potential mentoring and/or workshop opportunities and to browse for and purchase products.  In addition, Fearless & Framed provides photography related courses and a blog featuring photographers and their respective works.

 

The Website and related content on the Website is for informational and research purposes only.  The information should not be considered complete or up to date.  Fearless & Framed is not responsible for any content or communications exchanged between the Contributors and the end users of the Website.  Further, your reliance upon any information provided by Fearless & Framed, Fearless & Framed’s contractors and employees, if any, others appearing on the Website at invitation by Fearless & Framed, or other visitors or users of this Website 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 any content uploaded, transmitted, or posted to the Website.

 

You understand and agree that the content of this Website 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 Website’s content.  You understand that Fearless & Framed is not obligated to provide any maintenance, technical or other support for the Website.

 

  1. Warranties and Representations

 

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere 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 and the Website is accurate and valid.  You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website.  You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to the Website.  You agree to comply in good faith with the terms of this Agreement.

 

You will not use the Website 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 Website.  The Website 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.

 

  1. Ownership of Website and License

 

Excluding your content, you acknowledge and agree that Fearless & Framed is the owner of, or has rights in and to, the Website and its associated content, such as text, graphics, icons, images, and video clips, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Fearless & Framed.

 

Fearless & Framed hereby grants you during the Term of this Agreement a limited, non-exclusive, non-sublicenseable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Fearless & Framed, you are not permitted to reproduce, prepare derivative works, distribute copies, modify, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Fearless & Framed.

 

  1. Trademarks

 

All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners.  Specially, all Fearless & Framed marks are the property of Fearless & Framed, including, but not limited to FEARLESS & FRAMED, FEARLESS AND FRAMED, and all Fearless & Framed logos.  The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Fearless & Framed. You are prohibited from using Fearless & Framed’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Fearless & Framed.

 

  1. Your Content

 

Contributor Content

 

Contributors retain their full ownership rights to any content they upload and/or submit to the Website, 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 Website and other Contributors and end users may view such Contributor Content.

 

By submitting Contributor Content to the Website, Contributors hereby grant Fearless & Framed and its affiliates and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, 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 may display Contributor Content in any order or orientation on the Website.  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 Website.  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 Website activity.

 

Further, each Contributor agrees that the Contributor Content submitted to the Website 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.

 

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, sub-licenseable, 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 Website (“User Generated Content”).  User Generated Content, shall include, but is not limited to, images, videos, and text, such as comments about this Website 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 on the Website for supporting your use of the Website, 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 Website.  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.

 

  1. Account Registration and User Profile

 

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, 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.  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 Website.  Fearless & Framed may, at its sole discretion, determine which content (if any) is specifically accepted to be published on the Website from the Contributors.  As such, Fearless & Framed may not accept any content from some Contributors.

 

Further, Fearless & Framed may, at its sole discretion, require a fee for Contributor subscription plans that allow Contributors to specifically advertise their respective goods and services and professional websites through the Website.  Fearless & Framed may collect processing fees for each Contributor product, such as an E-book or photograph, sold through the Website.  It is each Contributor’s responsibility to be informed of the various levels of services provided by Fearless & Framed.

 

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.  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 Website and to only view a limited amount of Contributor Content on the Website.  Fee-based premium subscriptions allow end users to have access to the full Website, including the entire collection of Contributor Content on the Website.  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 Website, 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 Website.  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 Website receives 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 Website, 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 Website and services.

 

Fearless & Framed may change any terms and conditions regarding your use of the Website at any time.  Your use of the Website shall constitute acceptance of any changes made to this Agreement.

 

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.

 

  1. Payment

 

Fearless & Framed charges and collects fees in advance for your use of the Website and Fearless & Framed’s goods and services. All costs and fees are quoted and payable in United States Dollars and are subject to change.  Payment is processed through a third-party payment processor, such as PayPal or Stripe.  It is your sole responsibility to review and comply with all Terms and Policies of any third parties.  You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world.  You understand and agree that Fearless & Framed will not be held liable for any user’s failure to use the services or to complete a transaction entered into through the Website.

 

Fearless & Framed will automatically renew and bill your credit/debit card or issue an invoice to you (a) every month for monthly subscriptions, (b) each year on the subsequent anniversary for annual subscriptions, or (c) in an otherwise mutually agreed upon manner. The renewal charge will be equal to the then-current subscription fee in effect at the time of renewal. The pricing during any automatic renewal term will renew at the then current rate and Fearless & Framed will give you notice of a pricing increase at least thirty (10) days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter in the new term. Fees for other services and products will be charged on an as-quoted basis.

 

Fearless & Framed does not issue refunds on fee-based subscriptions for the Website.  However, Fearless & Framed may, at its sole discretion, provide you with a thirty (30) day money back guarantee for specific non-digital products purchased through the Website, such as the Mastery Moment-Seekers course.  The license to use any product or service is revoked at the time that you request Fearless & Framed for a refund.

 

If you cancel your account, Fearless & Framed is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data.  Fearless & Framed is under no obligation to provide you with the data associated with your account and/or user profile after cancellation of your account, except as otherwise provided in the Privacy Policy.  Fearless & Framed recommends that you maintain your own backup of account and user profile data.

 

By submitting your credit/debit card data to Fearless & Framed, you authorize Fearless & Framed in its complete discretion to submit a financial transaction(s) to your issuing bank for settlement. You agree that once Fearless & Framed has approved or declined your transaction, Fearless & Framed has fully performed under the terms of this Agreement. You agree to contact Fearless & Framed in the event that you desire to cancel any recurring charge, prior to the next billing cycle. Should you fail to contact Fearless & Framed, you agree to indemnify and hold Fearless & Framed harmless from any losses or damages that you suffer as a result of a recurring charge.  If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact Fearless & Framed prior to the next billing cycle. Upon proper notification, Fearless & Framed, in its sole discretion may issue a credit to your credit/debit card.

 

  1. Purchase Terms

 

You acknowledge that physical products purchased through this Website are purchased for personal use only and have no market beyond your purchase thereof. You may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent of Contributor or Fearless & Framed.

 

You acknowledge that products (including digital products) purchased through this Website are purchased subject to the terms set forth in this Agreement and the acquisition of a copy of a work (digital or not) does not itself convey any rights under copyright or other laws to exploit the work. You acknowledge that Fearless & Framed at its sole discretion may provide warranties as to the products purchased through the Website.

 

  1. Prohibited Uses

 

You agree that you will not use the Website 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 Website.

 

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 Website.

 

  1. Section 230 of Communications Decency Act

 

You acknowledge and agree that Fearless & Framed is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Fearless & Framed may edit, remove, or control the content displayed through the Website, you agree that Fearless & Framed will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

 

  1. Third Party Links

 

You understand that the Website may contain links to third party websites, applications, or services that Fearless & Framed does not own or control. You agree that Fearless & Framed will not be held responsible or liable for the content of third party websites, applications, or services and that Fearless & Framed’s inclusion of those websites, applications, or services within its Website does not constitute Fearless & Framed’s endorsement of or recommendation of any of those websites, applications, or services.  The Website, though, may contain links to third party websites, applications, or services that are affiliates of Fearless & Framed and from which Fearless & Framed may receive payment.

 

  1. No Endorsement

 

Fearless & Framed does not endorse or recommend any commercial product, process, or service.  The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Fearless & Framed and are not intended to be used for advertising or product endorsement purposes.

 

  1. Term and Termination

 

This Agreement will remain in full force and effect so long as the Website is in operation.  Fearless & Framed may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.  Any breach of your payment obligations or unauthorized use of Fearless & Framed’s Website, content, or services will be deemed a material breach of this Agreement. You agree and acknowledge that Fearless & Framed has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach. In addition, failure to timely make payments to Fearless & Framed will result in termination of services as deemed appropriate by Fearless & Framed.

 

  1. Disclaimer of Warranties

 

FEARLESS & FRAMED DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS PURCHASED THROUGH THE WEBSITE. FEARLESS & FRAMED PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

FEARLESS & FRAMED WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR OPINIONS, PROVIDED BY ANY USER, THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE.  FEARLESS & FRAMED IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. FEARLESS & FRAMED RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

  1. Limitation of Liability

 

FEARLESS & FRAMED WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT FEARLESS & FRAMED CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES OR GOODS PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL FEARLESS & FRAMED’S LIABILITY TO YOU EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO FEARLESS & FRAMED, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

FURTHER, FEARLESS & FRAMED WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

 

  1. Indemnification

 

You agree to hold harmless, indemnify, and defend Fearless & Framed, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

 

Your obligation to defend Fearless & Framed under the terms of this Agreement will not provide you with the right to control Fearless & Framed’s defense, and Fearless & Framed reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Fearless & Framed.

 

  1. 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 Website.

 

  1. Resolution of Disputes and Governing Law

 

This Agreement will be interpreted under and governed by the laws of the State of Michigan without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Fearless & Framed or the Website will be exclusively resolved through arbitration.

 

YOU AND FEARLESS & FRAMED AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF GOODS OR SERVICES FROM FEARLESS & FRAMED, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND FEARLESS & FRAMED AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF MICHIGAN AND YOU AND FEARLESS & FRAMED AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

Severability

 

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

Integration

 

Fearless & Framed hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Fearless & Framed.

 

No Waiver

 

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

Child Online Privacy Protection Act

 

The Website is not directed to persons under the age of eighteen (18) and Fearless & Framed will not knowingly collect personally identifiable information from children under the age of eighteen (18), without prior review by a parent or legal guardian. If Fearless & Framed inadvertently collects such personally identifiable information, Fearless & Framed will delete the personally identifiable information in accordance with its security protocols.

 

Limitation On Actions

 

FEARLESS & FRAMED AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

Reservation of Rights

 

All rights not expressly granted herein are reserved to Fearless & Framed.

 

Privacy Policy

 

Fearless & Framed hereby incorporates its Privacy Policy to these Terms of Use.

 

Copyright Policy

 

Fearless & Framed’s Website and its associated content and services are © 2016 Fearless & Framed, LLC.

 

Fearless & Framed respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Fearless & Framed as owner or authorized licensee and are protected by copyright and other intellectual property laws.

 

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

 

If you believe that a user of Fearless & Framed Website has infringed upon your copyright rights, please provide Fearless & Framed with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Fearless & Framed receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Fearless & Framed will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Fearless & Framed with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

 

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

 

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on the Website;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

 

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

 

  1. Identification of the specific materials that have been removed from the Website;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Michigan;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

 

Notifications of copyright infringement and counter-notifications may be submitted to Fearless & Framed’s Copyright Agent: Traverse Legal, PLC, 810 Cottageview Drive, Suite G-20, Traverse City, Michigan 49684; with a copy via email to dmcaagent@traverselegal.com.

 

Notice

 

Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:

 

Fearless & Framed, LLC

P.O. Box 476

Memphis, MI 48041

 

A copy of any such notice must be emailed to hello@fearlessandframed.com, but email notice alone shall not comply with the notice requirements of this Agreement.

 

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.