Terms of Service

CONTENT USE AGREEMENT

This Agreement governs the terms by which clients of Aidan Tooth Photography obtain the right to use the digital content of Aidan Tooth Photography through the website located at www.aidantoothphotography.pixieset.com (the “Site”). 

1. Background of Agreement

(a) By downloading content from this site, you accept this Agreement, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not download the Content.

(b) In this Agreement: (i) “you” or the “Client” means you ( the person downloading the content, (ii) “Aidan Tooth Photography” or “we” means Aidan Tooth Photography, operator of the Site; and (iii) “Content” means any photographic image that you are downloading from the Site.

2. Downloading Terms

We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the Content for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Aidan Tooth Photography.

3. Permitted Uses

(a) You may only use the Content for personal use only on your personal devices only. For clarity, you may not use the Content in products for resale, license or any other distribution. For example, you cannot superficially modify the Content, print it on a t-shirt, poster, template or any other item, and sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

(b) Seat Restrictions. Only you are permitted to use the Content for personal use, although you may transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another i.e: distributing it among your personal devices. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or individual.

(c) Any additional permitted uses must be approved in writing by Aidan Tooth Photography.

If there is any doubt that a proposed use is a Permitted Use, you should contact Aidan Tooth Photography for guidance.

4. Terms of Agreement

(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Aidan Tooth Photography if at any time you fail to comply with any of it's terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Aidan Tooth Photography in writing that you have complied with these requirements.

(b) Upon notice from Aidan Tooth Photography, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which Aidan Tooth Photography may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). 

5. General Provisions

(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

(b) Aidan Tooth Photography’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(c) This Agreement is personal to you and is not assignable by you without Aidan Tooth Photography’s prior written consent.

(d) The parties have agreed that this Agreement and all related documents be drawn up in English.

6. Contact

If you have concerns relating to this Agreement, please contact Aidan Tooth Photography at aidantooth.photo@gmail.com.

7. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF AIDAN TOOTH PHOTOGRAPHY AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND AIDAN TOOTH PHOTOGRAPHY, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND AIDAN TOOTH PHOTOGRAPHY RELATING TO THE SUBJECT OF THIS AGREEMENT.

 

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