User Agreement

 This website and related services are provided pursuant to your agreement to this User Agreement ("Agreement"), which may be amended or supplemented at any time by Images Beyond Lens, LLC. ("Images Beyond Lens", "we", "us" or "our"). By using or accessing this website or placing orders through this website, you agree to be bound by this Agreement as it exists at the time of use, and that by posting amendments to this Agreement on the website you have been duly notified regarding those amendments. If you do not accept this Agreement, you must immediately exit the website. As used in this Agreement, "you" and "your" will refer to anyone who accesses or visits the website and "Photographer" refers to the person or company that has a subscription with Images Beyond Lens. to upload or sell photos or related products through this website. In the event of any conflict between this Agreement and any statement, understanding or agreement between you and the Photographer, this Agreement will control. 

Images Beyond Lens, LLC is a corporation that provides photographers with a hosting platform and related tools to organize, display and sell photographs (the “Platform”). This website is managed by the Photographer who has license rights granted by Images Beyond Lens, LLC to manage this website on the Platform. YOU ACKNOWLEDGE AND AGREE THAT THE PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR THE CONTENT AVAILABLE THROUGH THIS WEBSITE AND FOR THE MANAGEMENT OF THE CONTENT AND INFORMATION ON THIS WEBSITE, AND THAT IMAGES BEYOND LENS AND ITS RESPONSIBLE DIRECTORS, AGENTS, EMPLOYEES, EMPLOYEES SUCCESSORS AND TRANSFERS (TOGETHER, THE “IMAGES BEYOND LENS PARTIES”) SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY ACTION OR INACTION OF A PHOTOGRAPHER. 

NOTICE ON DATA TRANSFER: THE ORDER PROCESSING AND FULFILLMENT SERVICES AS WELL AS CERTAIN FUNCTIONS OF THE PLATFORM USED BY THE PHOTOGRAPHERS ON THIS WEBSITE, REQUIRE THAT IMAGES BEYOND LENS IS SUBJECT TO THE TREATMENT OF UNIDENED PERSONAL DATA, INTO THE PROCESSING OF PERSONAL DATA LOCATED THE NECESSARY COMPUTER SYSTEMS. SUCH SERVICES AND FUNCTIONS WOULD NOT BE AVAILABLE WITHOUT THE PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA, AND YOU EXPRESSLY AGREE TO THE PROCESSING AND TRANSFER OF PERSONAL DATA TO FROM IMAGES BEYOND LENS AND THIRD PARTY SERVICE PROVIDERS IN THE UNITED STATES OF AMERICA. PURPOSES 

NOTICE ABOUT ADDITIONAL RIGHTS: IF YOU WISH TO EXERCISE YOUR ADDITIONAL RIGHTS AVAILABLE UNDER APPLICABLE LAW, INCLUDING: (A) THE RIGHT TO DELETE OR CORRECT PERSONAL INFORMATION; (B) THE RIGHT TO OBJECT OR LIMIT THE PROCESSING OF PERSONAL INFORMATION, OR (C) THE RIGHT TO CARRY PERSONAL INFORMATION, YOU MUST FIRST CONTACT THE PHOTOGRAPHER. THE PHOTOGRAPHER, AS THE ADMINISTRATOR OF THE WEBSITE, IS RESPONSIBLE FOR ALL THE PERSONAL DATA THAT YOU PROVIDE EXCEPT FOR DIRECT ORDERS (DEFINED BELOW). YOU CAN CONTACT IMAGES BEYOND LENS, WHO IS IN CHARGE OF TREATMENT ON BEHALF OF THE PHOTOGRAPHER OR AS RESPONSIBLE FOR DATA PROCESSING FOR DIRECT ORDERS AT INFO@IMAGESBEYONDLENS.COM WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND WILL SEND IT TO THE APPLICABLE PHOTOGRAPHER OR, WHEN NECESSARY TO SATISFY YOUR REQUEST, WE WILL DO IT WITHIN THE TIMELINES REQUIRED BY APPLICABLE LAW (30 DAYS AFTER APPLICABLE LAW). TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE SERVING YOUR APPLICATION AND YOU MAY BE CHARGED A FEE FOR THE PROCESSING OF YOUR APPLICATION AS PERMITTED BY APPLICABLE LAW. 

ORDERS: Depending on the preferences offered by the Photographer, you may have the option of placing orders to be fulfilled by the Photographer (“Photographer Orders”) or Images Beyond Lens (“Direct Orders”). You agree that the Photographer shall be solely responsible for all aspects of the Photographer's Orders, including but not limited to processing and fulfillment, and that Images Beyond Lens shall have no liability to you for this. You agree that you will be responsible for reviewing, approving and taking all other steps necessary to place Photographer Orders or Direct Orders, and that neither the Photographers nor Images Beyond will be held liable for any errors you make when placing orders. You are responsible for paying the Photographer for all Photographer Orders and applicable taxes. For Direct Orders, payments are processed by Images Beyond Lens as the Photographer's agent. By placing your order, you authorize Images Beyond Lens or its payment gateways to charge the purchase amount to your credit card for the order, in addition to any applicable taxes. To the extent permitted by law, the risk of loss for all items purchased by you through the website is transferred to you by delivery by Images Beyond Lens or the Photographer to a carrier. 

As a purchaser of products through this website, you acknowledge that such products are purchased for personal use only and are tailor-made for your order and have no market beyond your purchase. You must not reproduce, scan, display, transmit, distribute, modify, alter or exploit in any way these physical products or any part of them, for commercial use, in any way, without the prior written consent of the Photographer. You acknowledge that products (including digital products) purchased through the website are purchased in accordance with the terms set forth by the photographer in a separate End User License, as described below Privacy Policy Information that you provide directly to Images Beyond Lens, including information provided for direct orders, is protected by our Privacy Policy. 

Exclusion of certain communications: Images Beyond Lens may notify you of the receipt or status of orders and send you other correspondence related to transactions, and you may not opt out of receiving such communications. For other communications, if you are no longer interested in receiving them, please email your request to info@imagesbeyondlens.com or use the unsubscribe functions in emails. If you contact us by email, please include your full name, email address, and postal address. Please note that you will still be able to receive transaction-related communications from Images Beyond Lens. 

Intellectual property rights over purchased products: Products purchased through this website are acquired in accordance with the terms established by the Photographer in a separate license agreement (each one an “End User License”), and Acquiring a copy of a product itself does not convey any rights under copyright or other laws to exploit the work. Products purchased by you through this website may not be reproduced, scanned, displayed, transmitted, distributed, modified, altered or exploited in any way without the prior written consent of the Photographer or as provided in an End User License. . Any End User License or agreement between you and a Photographer is the sole responsibility of those parties. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND UNDERSTAND THE TERMS OF SUCH END USER LICENSE. YOU ACKNOWLEDGE AND AGREE THAT THE IMAGES BEYOND LENS PARTIES SHALL HAVE NO LIABILITY TO YOU ARISING FROM OR RELATED TO THOSE END USER LICENSES. YOU ACKNOWLEDGE AND AGREE THAT ALL END USER LICENSES FOR DIGITAL PRODUCTS BETWEEN YOU AND A PHOTOGRAPHER ARE SUBSCRIBED AT YOUR OWN ACCOUNT AND RISK. Images Beyond Lens reserves the right, but has no obligation, to be involved in any way in disputes between you and a Photographer. 

Copyrighted Materials: Photographers or their clients retain all rights to the content they upload to this Website, including but not limited to images, videos, biographies, and business information. All other content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data and software compilations, as well as any compilation consisting of selection, organization or disposition of the content on this website are the property of Images Beyond Lens or its licensors or suppliers, and no part of such content may be reprinted, republished, modified or distributed in any way without the express written permission of Images Beyond Lens. 

 

Images Beyond Lens respects the intellectual property of others and we ask you and the Photographers to do the same. However, Images Beyond Lens cannot determine the copyright status of content uploaded to the website, which could depend on many factors unknown to Images Beyond Lens. Images Beyond Lens makes no representation or warranty as to the accuracy, correctness or reliability of the content posted on the website or sold by the Photographer. Images Beyond Lens cannot and does not guarantee that all the persons reflected in the photographs and the brand owners have consented to the display of their image or brand there or on the website. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property or privacy rights have been otherwise infringed, you must notify Images Beyond Lens of your assertion in accordance with the Images Beyond lens copyright policy Participant behavior: You are solely responsible for all content and materials that you upload, share, publish, display or otherwise use or make available (hereinafter, “upload”) through this website or in connection with this. Images Beyond Lens reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Images Beyond Lens, violates this provision, including but not limited to removing offensive content, suspending or canceling the account of such violators and report to law enforcement authorities. You agree to refrain from: 1. upload or store any content that: (i) infringes or misappropriates any intellectual property right or violates any other right of any other party; (ii) has no right to upload under any law or under contractual or fiduciary relationships; (iii) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is illegal, harmful, threatening, abusive, harassing, harmful, excessively violent, defamatory, vulgar, obscene, pornographic, defamatory, invasive of the privacy of others, racially or ethnically hateful, or objectionable as determined by Images Beyond Lens at its sole discretion; (vi) constitutes or contains incorrect information or data; or (vii) in the sole discretion of Images Beyond Lens, is objectionable or that restricts or prevents any website visitor or other person from using or enjoying the website, or that may expose Images Beyond Lens or others to any harm or liability of any type; 

 

2. interferes with or interrupts the Platform or the servers or networks connected to the Platform, or disobeys the requirements, procedures, policies or rules of the networks connected to the Platform; or 

3. breaches any applicable local, state, national or international law, or any regulations that have the force of law; 

4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

5. Request personal information from anyone under the age of 18; 

6. collect or collect email addresses or other contact information of other participants of the Services by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications; 

7. Advertise or offer to sell or buy goods or services for any purpose that is not specifically authorized or for which you do not have the necessary rights; 

8. encourages or promotes any criminal activity or initiative or provides instructional information about illegal activities; or 

9. obtain or attempt to access or obtain material or information through any means that is not  intentionally available or provided through the Services. 

Notice of Disclaimer of Warranties: THIS WEBSITE AND ANY RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND BEYOND LENS IMAGES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, INCLUDED, OR IMPLIED. , THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP AND NON-INFRINGEMENT. 

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGES EBYOND LENS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR LOST PROFIT DAMAGES, INCLUDING, BUT NOT LIMITED TO, FUNDS DAMAGES, FOREIGN DAMAGES. DATA AND OTHER INTANGIBLE LOSSES (EVEN IF IMAGES BEYOND LENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS CONTRACT AGREEMENT, EXTRA-CONTRACTUAL AGREEMENT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. IMAGES BEYOND LENS 'TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($ 100) 

General: For the purposes of any action or claim against Images Beyond Lens, this agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law rules, and you agree to submit to the exclusive jurisdiction of the state courts and federal in and for Orange County in the State of Florida, USA, and waives any objection of jurisdiction, place or venue of these courts, except as otherwise provided in the Privacy Policy. The failure of Images Beyond Lens to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that a provision of this Agreement is invalid, the parties nevertheless agree that the court will use reasonable endeavors to carry out the intentions of the parties as reflected in the provision, and the Other provisions of this Agreement will remain in full force and effect. You agree that, regardless of statutes or laws to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within a maximum period of one (1) year after such claim or cause of action has occurred. arisen or will be banned forever. A printed version of this agreement and of any notice delivered in electronic form will be admissible in judicial or administrative proceedings based on or related to this agreement to the same extent and subject to the same conditions as the other commercial documents and records originally generated and maintained. in print. You may not assign this Agreement without the prior written consent of Images Beyond Lens, but Images Beyond Lens may assign or transfer this Agreement in whole or in part, without limitation. The Images Beyond Lens Parties will not have any liability to you nor will you be deemed to be in default for any delay or inaction under this Agreement resulting, directly or indirectly, from events of force majeure, civil or military authority, public enemy acts, terrorism, war, accidents, fires, explosions, earthquakes, floods, transportation failures, strikes or other work stoppages, or any other cause beyond your reasonable control. The section titles in this Agreement are for your convenience only and have no legal or contractual effect.