“Products” referred to by these Terms include but are not limited to: contract forms, templates, 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 Marcum Media LLC/ dba Ben Marcum Photography. All such Products are the intellectual property of and are owned by Marcum Media LLC.
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 Marcum Media LLC/ dba Ben Marcum Photography’s 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
Marcum Media LLC/ dba Ben Marcum Photography is a resource through which you may obtain Headshot and portrait photography, purchase edited images, purchase printed images, purchase gift vouchers for portrait photography, purchase photography education materials, purchase copies of printed photographs.
Marcum Media LLC/ dba Ben Marcum Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Marcum Media LLC/ dba Ben Marcum Photography 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. Marcum Media LLC/ dba Ben Marcum Photography is the sole manager of such information collected on the Site. Marcum Media LLC/ dba Ben Marcum Photography will use such information to respond to you as necessary. You grant Marcum Media LLC/ dba Ben Marcum Photography 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.
Links on the Site may be affiliate links controlled by parties other than Marcum Media LLC/ dba Ben Marcum Photography to help support the maintenance of the Site. Marcum Media LLC/ dba Ben Marcum Photography 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 Marcum Media LLC/ dba Ben Marcum Photography from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Marcum Media LLC/ dba Ben Marcum Photography 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 Marcum Media LLC/ dba Ben Marcum Photography’s services, and; (d) any other intellectual property rights afforded to Marcum Media LLC/ dba Ben Marcum Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Marcum Media LLC/ dba Ben Marcum Photography 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 Marcum Media LLC/ dba Ben Marcum Photography’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Marcum Media LLC/ dba Ben Marcum Photography 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.
You acknowledge that all Products and materials including digital downloads are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. Marcum Media LLC/ dba Ben Marcum Photography 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. Marcum Media LLC/ dba Ben Marcum Photography 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, Marcum Media LLC/ dba Ben Marcum Photography 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 YOUR BUSINESS NAME, 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 Kentucky. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Louisville, Kentucky. Marcum Media LLC/ dba Ben Marcum Photography 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 Marcum Media LLC/ dba Ben Marcum Photography’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
611 W Main St
Second Floor Suite B
Louisville KY 40202
All rights reserved © Copyright 2014-2018. Marcum Media LLC/ dba Ben Marcum Photography