This website is operated by Blake Nelson LLC, Denton, TX, 76205. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to blake@blakenelsonphotography.com. Thank you for visiting the Site!
YOUR COMMENTS AND CONCERNS
These Terms are governed by the laws of the State of Texas without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Denton, Texas.
CHOICE OF LAW AND VENUE
The sites are provided on an "as is" and "as available" basis, without warranty of any kind. Blake Nelson, together with affiliates, licensors, service providers, employees, agents, or directors (the "released parties"), specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement and warranties that may arise out of course of dealing, course of performance, usage or trade practice. The released parties do not guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy or suitability of any of the information or content on the sites. Accordingly, you agree to exercise caution, discretion and common sense when using the sites. The entire risk for use of the site and/or services is borne by you. To the maximum extent permitted by applicable law, in no event shall the released parties be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of the use of or inability to access the sites, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. The released parties are not responsible for any liability arising out of the postings or any material linked through the sites. Your sole remedy with respect to any claim arising out of your use of the sites is to cease using the sites.
DISCLAIMER AND LIMITATION OF LIABILITY
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Blake Nelson of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Blake Nelson shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
ADVERTISEMENT AND LINKS
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Blake Nelson; (ii) present false or misleading information about Blake Nelson; or (iii) contain content that is reasonably considered offensive, defamatory, vulgar, or unlawful in any way.
LINKING TO OUR SITES
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Blake Nelson either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
THIRD PARTY RIGHTS
These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.
Governing Law & Jurisdiction
Blake Nelson LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
assignment
You hereby indemnify to the fullest extent Blake Nelson LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Indemnification
You are expressly and emphatically restricted from all of the following: publishing any Website material in any media, selling, sublicensing and/or otherwise commercializing any Website material, publicly performing and/or showing any Website material, using this Website in any way that is, or may be, damaging to this Website, using this Website in any way that impacts user access to this Website, using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity, engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website, using this Website to engage in any advertising or marketing. Certain areas of this Website are restricted from access by you and Blake Nelson LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.
RESTRICTIONS
Unless explicitly stated otherwise, as between you and Blake Nelson, Blake Nelson owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Blake Nelson, and all related names, product and service names, logos, slogans, and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
INTELLECTUAL PROPERTY
Blake Nelson LLC exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of photography and mentoring subjects. You agree that use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $250 per incident for any unauthorized use of our content, at the sole discretion of Blake Nelson.
SITE CONTENT
These Terms of Use (the “Terms”) govern your use of and access to www.blakenelsonphotography.com and its sub-domains and affiliated sites, as well as Blake Nelson LLC (“Blake Nelson” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, and Instagram®. Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
