Privacy Notice and Terms of Use

Last Modified: November 4, 2021

Acceptance of the Terms of Use

This Privacy Notice and Terms of Use (collectively, the "Terms of Use") are entered into by and between You and Louis Salamon Photography LLC ("Company," "we," or "us"). The following terms and conditions govern your access to and use of the website located at the following URL address https://www.louissalamonphotography.com/, including any content, functionality, and services offered on or through https://www.louissalamonphotography.com/ (the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

Intellectual Property Rights

The Website and its entire contents, images, footage, features, functionality, and related metadata (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), ("Company Content") are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as expressly provided herein or in a separate license agreement between you and Company, Company does not grant any express or implied permission to use the Website or any Company Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any Company Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website or Company Content.

You must not:

  • Modify copies of any materials from the Website.
  • Use, download, distribute, display and/or copy any Company Content without: 1) an express license in a separate agreement or 2) the acquisition of a limited, non-transferable and non-exclusive license through the Website's purchase functionality.
  • Delete or alter any copyright, trademark, watermarks, or other proprietary rights notices from Company Content.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make use of Company Content in any manner other than as expressly set out in this section or as described in the Purchases section of the Terms of Use, please address your request with sufficient detail as to the nature of your request to: louissalamonphotography@gmail.com. Company may but has no obligation to respond to your request.

If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy all unauthorized copies of the materials you have made. No right, title, or interest in or to the Website or any Company Content on the Website is transferred to you, and all rights not expressly granted are expressly reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other federal, state, local, or international laws.

Trademarks

The Company name, the marks "LOUIS SALAMON PHOTOGRAPHY" and "UNIQUE PERSPECTIVES OF OUR WORLD", and all related names, marks, logos, designs, source designations, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, designs, source designations, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Purchases

The Website allows users to purchase images, namely print images (e.g. photographs) and digital images (e.g. downloadable photographs), through an add-to-cart function available on the Website.  This functionality redirects users to a third-party payment gateway service provider to complete the transaction.  All images listed are subject to the availability of those images.  We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue images without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.

All purchases through our site or other transactions for the sale of images formed through the Website, or resulting from visits made by you, are final. You are bound to the purchase price listed on the Website, and you understand that such purchase price does not include shipping and handling charges (unless specifically indicated on the Website) or applicable taxes, if any, which you are responsible and which will be separately identified on your order form.

By proceeding with the transaction and paying the fee, you affirmatively represent that you have read the License Terms section below:

License Terms

Company respects the intellectual property rights of others and expects its users to do the same.  The images available for purchase on the Website are subject to copyright protection.

Upon purchasing an image from the Website, and by subsequently accessing and/or downloading an image from the Website, you are granted a limited, non-exclusive, non-transferable right to use the purchased image for personal, non-commercial purposes, subject to the limitations set forth herein.

Use Restrictions

  • You may not copy, reproduce, modify, edit, publish, post to any website, display, create derivative works, commercially exploit, or use the image in any way other than as expressly provided by the license you purchased with respect to such image.
  • You may not use the image in any way that could be considered defamatory, deceptive, libelous, obscene or illegal.
  • You may not resell, redistribute, provide access to, share, or transfer any image.
  • You may not use any image as a trademark, service mark, logo, or other indication or origin, or as a part thereof.
  • You may not use the images in advertising or marketing materials.
  • You may not falsely represent, expressly, or by way of reasonable implication, that any image was created by you or a person other than the copyright holder of the image.
  • You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, embedded in, or accompanying the image.
  • You may not encourage or enable any other individual to do any of the foregoing.

Any violation of these terms may result in Company exercising its right to file a lawsuit against you, without any prior notice to you. You agree to immediately notify Company if you know or should know that any third-party has accessed the image in a manner that violates the use restrictions of the Terms of Use.

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE (1) NATURAL PERSON TO LICENSE, ACCESS/DOWNLOAD, AND USE CONTENT FOR PERSONAL, NON-COMMERCIAL PURPOSES ONLY FOLLOWING THE PURCHASE OF SUCH CONTENT.

NO LICENSES OR RIGHTS ARE GRANTED TO YOU BY IMPLICATION OR OTHERWISE UNDER ANY INTELLECTUAL PROPERTY RIGHTS OWNED OR CONTROLLED BY COMPANY OR ITS LICENSORS, EXCEPT FOR THE LICENSES AND RIGHTS EXPRESSLY GRANTED IN THESE TERMS OF USE.

Privacy Terms

We respect your privacy and are committed to protecting it through our compliance with this section.  This section describes the types of information we may collect from you or that you may provide when you visit the website, and it applies to information we collect:

  • On this Website, and
  • In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by us in any other context or by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this section carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your sole recourse is not to use our Website. By accessing or using this Website, you agree to this section, just as you agree to the other terms of use.

Children Under the Age of 16

As mentioned in the Acceptance of the Terms of Use section, this Website is not intended for children under 18 years of age. Privacy laws give special treatment to minors under the age of 16. We therefore note in particular—without limiting or modifying the prohibition on anyone under the age of 18 from using the site—that no one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, mailing address or email address. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at louissalamonphotography@gmail.com.

Information We Collect About You and How We Collect It

We collect several types of information ("Personal Information") from and about users of our Website, including information:

  • By which you may be personally identified, such as name, mailing address, and email address;
  • That is about you but individually does not identify you, such as an Internet Protocol Address; and/or
  • About your use of the Website.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details and IP addresses.

No Financial Information

No financial or sensitive information will ever be provided by you to us.  Information necessary to complete purchases on the Website are provided by you directly to a third-party payment gateway service provider. We do not have access to this information.  The only information you disclose to us for an order to complete successfully is the contact information you provide to us.  We encourage you to review the terms of use and privacy policies of the third-party payment gateway service provider before you disclose any financial information.

Information You Provide to Us 

The information we collect on or through our Website may include:

  • Information that you provide by completing the order form and using the one-time use cart for purchasing images.
  • Records and copies of your correspondence (including email addresses), if you contact us directly by phone or email or through our contact page.
  • Information collected by automatic means for the operation of the Website, as discussed in greater detail in the next sub-section.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, limited location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information. It helps us to improve our Website and to deliver a better service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Speed up your use of our Website.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To complete purchases you request.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

After the purpose for which information has been collected is completed, we delete your personal information.

Disclosure of Your Information

Because we delete information after the purpose for which it was collected has been completed, we do not disclose your personal information.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Raleigh and County of Wake, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitutes the sole and entire agreement between you and Louis Salamon Photography LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Louis Salamon Photography LLC located at 9109 Devaun Park Boulevard, Calabash, NC 28467-3072.

All notices of copyright infringement claims should be sent by email to: louissalamonphotography@gmail.com, addressed to "Copyright Agent," with subject line "DMCA Copyright Infringement Notice," and with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A detailed description of the copyright work that you claim has been infringed;
  3. A description of precisely where the material that you claim is being infringed is located on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: louissalamonphotography@gmail.com.