Terms of Use - Rebecca Caroline Photography

Terms of Use

View our privacy policy

It is your responsibility to read these Terms of Use carefully before (1) accessing or using this website, software, apps, and/or plug-ins made available by 9 Blade Productions LLC or its affiliates (individually and collectively, the "Site"); and (2) making any purchase from or through 9 Blade.


Acceptance of Terms

These Terms of Use form a legally binding agreement between you and 9 Blade. You agree to and are legally bound by the terms and conditions set forth below and in any modified or additional terms that 9 Blade Productions LLC (“9 Blade”) may publish from time to time (collectively, the “Terms of Use”). You also confirm, represent, and warrant that you are at least 18 years old at the time of any purchase on or through the Site. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site or purchase any license from 9 Blade.

About Us. 9 Blade offers commercial licenses to photos owned by 9 Blade, and offers photo prints on various mediums which are sold subject to the same commercial license provisions that are offered via the Site as well as sites provided by our vendors. “Rebecca Caroline Photography” is an internal division of 9 Blade.

9 Blade may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of the Site to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Further, any license purchase is also subject to these Terms of Use in effect as of the time of the license purchase. If you breach these Terms of Use, your commercial license to use any image shall permanently terminate.


Intellectual Property; Limited License to Users.

Subject to your compliance with these Terms of Use, any applicable license agreement with 9 Blade, and the law, you may access and use the Site. 9 Blade remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. 9 Blade may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in 9 Blade’s sole discretion. 9 Blade provides the Site on an "as is" and "as available" basis.

All content on this Site, including but not limited to images, artistic works, and related metadata (collectively the "9 Blade Content"), as well as the selection and arrangement of the 9 Blade Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any 9 Blade Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and 9 Blade, 9 Blade does not grant any express or implied permission to use the Site or any 9 Blade 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 Site or any 9 Blade 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 Site or 9 Blade Content.

Unless you pay for and enter into a license agreement with 9 Blade you may not download, distribute, display and/or copy any 9 Blade Content.

You may not remove any watermarks or copyright notices contained in the 9 Blade Content.


9 Blade Trademarks.

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by 9 Blade.

Nothing contained herein grants or shall be construed to grant you any rights to use any 9 Blade Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use 9 Blade's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or 9 Blade.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of 9 Blade Trademarks or the Trademark rights claimed by 9 Blade.

You agree that you will not use any 9 Blade Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without 9 Blade's prior written consent, any word or mark which is similar to or likely to be confused with 9 Blade's Trademarks.

The look and feel of the 9 Blade website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of 9 Blade and may not be copied, imitated or used, in whole or in part, without the prior written consent of 9 Blade.

All other trademarks, images, copyrights, 9 Blade Content, product names, and company names or logos used or appearing on the 9 Blade website are the property of 9 Blade or its vendors. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 9 Blade, unless expressly so stated.

You may not use a 9 Blade trademark, logo, image or other proprietary graphic of 9 Blade to link to the 9 Blade website without the prior written consent of 9 Blade.

You may not frame or hot link to the 9 Blade website or any Image without the prior written consent of 9 Blade.

Information You Provide.

9 Blade (and/or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to 9 Blade subject to your agreement with the applicable third-party platform. 9 Blade’s collection and use of all such information shall at all times conform to this Terms of Use, the 9 Blade Privacy Policy, and applicable law.

9 Blade will use and protect your personal information, such as your name and address, in accordance with the 9 Blade Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.


Limited Commercial License.

You may not use any 9 Blade Content for any purpose without first paying for and obtaining a commercial license to use such 9 Blade Content. Every purchase you make and any use of 9 Blade Content is subject to the 9 Blade Terms of Use in effect at the time of payment. Any use of 9 Blade Content by you shall be governed by and subject to the commercial license terms on the Terms of Service in effect at the time of payment.

Displaying and/or distributing to the public any watermarked or unlicensed 9 Blade Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

Each image for which you purchase a license from 9 blade (whether such image is downloaded or ordered as a print) is subject to the following “Commercial License” rights and restrictions:

(a) 9 Blade hereby grants you a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) (collectively, "Media,") for permitted commercial purposes, defined as:

-advertising, promotion, brochures, packaging

-as part of a commercial website for promotional purposes (maximum 800x600 pixels)

-prints, posters, brochures, flyers, tear-sheets for promotional purposes (not for resale)

-prints, posters, or other commercial display of Media

-magazines, books, newspapers, other printed publications

(b) EACH LICENSE IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE THE MEDIA FOR WHICH THE LICENSE IS PURCHASED. NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT YOU LICENSE FROM 9 BLADE.

(c) You may not (i) resell, relicense, sub-license, and/or redistribute the Media; (ii) use the Media as a derivative work (and reselling or redistributing such derivative work is prohibited); (iii) use the Media used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner; (iv) incorporate the Media into trademarks, logos, or service marks; (v) attempt to copyright the Media; (vi) falsely represent, express, or by way of reasonable implication, that the Media was created by you or a person other than 9 Blade; and/or (vii) make the Media available for download.

9 Blade retains all rights, license, copyright, title and ownership of the Media. There is no warranty, express or implied, with the purchase of any print, or the license of any digital image. 9 Blade shall not be liable for any claims, or incidental, consequential, punitive, or other damages arising out of this license and/or your use of the Media.


Infringement Claims / DMCA Notices.

If you believe that any Image or other material made available by 9 Blade infringes upon any copyright that you own or control, you may notify 9 Blade in the manner set forth in our DMCA Copyright Infringement Notice Policy.


Limitations.

In addition to other restrictions under the Terms of Use, you agree that you shall not: -Engage in any conduct that shall constitute a violation of any law or that infringes the rights of 9 Blade or any third party.

-Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.

-Violate the rights of 9 Blade or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

-Disrupt the Site or the way it functions, interfere with other users' enjoyment of the Site or Services or use the Site to deceive, harass or solicit people.

-Scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.


Restriction and Termination of Use.

9 Blade may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or 9 Blade Content at any time in 9 Blade's discretion, without prior notice or liability to you. Any conduct by you that, in 9 Blade’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice. Further any violation of any intellectual property rights of 9 Blade or any other breach of these Terms of Use shall result in the termination of your access to the Site without further notice.


Links to Third Party Sites.

In the event that the Site is available through any third-party platform, or if 9 Blade provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that 9 Blade makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of 9 Blade, and 9 Blade provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by 9 Blade.


Warranties and Disclaimers

Your use of the Site is at your own risk. The Site is provided by 9 Blade under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. 9 Blade expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, 9 Blade makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. 9 Blade makes no representations or warranties that the Site will be permitted in your jurisdiction, that the Site will meet your needs, or that 9 Blade will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

9 Blade represents and warrants that:

-9 Blade has the legal rights and authority to license the Media; and

-the Media, in its original unaltered form and used in full compliance with these Terms of Use and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.

9 BLADE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS SECTION 10.


Indemnification.

You agree to defend, indemnify and hold harmless 9 Blade, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, venders, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the 9 Blade Content, and/or your violation of any rights of another.


Limitation of 9 Blade’s Liability.

9 Blade’s total aggregate obligation and liability (the “Limit of Liability”) in relation to any claim you have or may in the future have against 9 Blade shall be limited to the dollar amount of your purchases with or through 9 Blade. 9 Blade’s liability under any individual Commercial License purchased hereunder shall not exceed the Limitation of Liability applicable to the license, and is without regard to the number of times the subject Media is licensed or used by you. In no event, will 9 Blade’s total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Site and/or Media contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by 9 Blade from you for the applicable Commercial License.


Miscellaneous.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be in Charleston, South Carolina. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. 9 Blade shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of 9 Blade, such action is necessary or desirable. YOU AND 9 BLADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and 9 Blade agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and 9 Blade acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these Terms of Use.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of South Carolina, without respect to its conflict of laws principles.

In the event of any conflict between these Terms of Use and any license agreement you enter with 9 Blade (including the Terms of Service), the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or un-enforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

LAST UPDATED: October 26, 2019


Powered by SmugMug Log In