terms of use

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Brian Weith Photography (defined below), which governs your use of Products (defined below) obtained through this website at brianweith.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Weith Media, doing business as Brian Weith Photography.

“Products” referred to by these Terms include but are not limited to: communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Weith Media. All such Products are the intellectual property of and are owned by Weith Media.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of our Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Weith Media is a resource through which you may obtain photography services, and downloadable information for photographers.

PRIVACY POLICY

Weith Media permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: http://www.brianweith.com/privacy which is incorporated herein by reference.

Weith Media will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Weith Media will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Weith Media is the sole manager of such information collected on the Site. Weith Media will use such information to respond to you as necessary. You grant Weith Media a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Weith Media to help support the maintenance of the Site. Weith Media does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Weith Media from any loss or damage incurred from dealing with such affiliate.

INTELLECTUAL PROPERTY LICENSE

Weith Media owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Weith Media’s services, and; (d) any other intellectual property rights afforded to Weith Media, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Weith Media does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Weith Media’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Weith Media will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

CONTACT

By using the Site and entering personal information, you give Weith Media permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Weith Media know by emailing us at brian@brianweith.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. WEITH MEDIA OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WEITH MEDIA MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, WEITH MEDIA SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO WEITH MEDIA, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Illinois. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the village of Wauconda, IL. Weith Media reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Weith Media’s Products, materials and services.

Any questions regarding the above Terms may be directed to brian@brianweith.com.

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