|These Terms & Conditions govern the website www.levinemdphotos.com (the “Site”). The terms “you” and “user” as used in these Terms and Conditions refer to all individuals and/or entities accessing the Site for any reason.|
In part because the Site is based in New York, NY, U.S.A., You accept that: (1) the federal or local courts presiding in New York, NY are the proper forum for resolving any and all disputes arising through or related to this Site; and (2) the laws applicable to such disputes shall be the laws of the United States and the State of New York.
By accessing and using the Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. Please do not access and use this Site if you have any objections to any of these Terms and Conditions.
These Terms & Conditions may be revised over time as new features are added to the Site or as Internet law and standards evolve. We will post these changes prominently but recommend that you read these Terms and Conditions each time you visit.
1. Use of the Site; Copyright and Permissions
Photographs created by Jeffrey M. Levine (“Dr. Levine”) are posted on the Site for you to see. You are authorized to use the content on the Site for personal use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Site without the express prior written consent of Dr. Levine, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices or any other copyright management information included in such materials. No intellectual property rights in any content on the Site are transferred to you, but remain with Dr. Levine. Except as expressly authorized by Dr. Levine in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site or of any services or materials available through this Site.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Dr. Levine.
Except as otherwise noted, all content of the Site is:
Copyright © 2009 Jeffrey M. Levine All rights reserved.
Dr. Levine has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact us at email@example.com.
3. Privacy; Protection of Personal Information and Security
You understand that Dr. Levine cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Dr. Levine does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LEVINE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LEVINE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEVINE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LEVINE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DR. LEVINE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LEVINE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Because some U.S. states do not permit the exclusion or limitation of liability for consequential or incidental damages, not all of the above limitations may apply to You.
All of the information on this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Dr. Levine does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
You agree to indemnify and hold harmless Dr. Levine and his employees, agents, third party information providers, licensors, contractors and others involved in the Site from any breach of these Terms and Conditions by You, including from the use of the Site or the transmission of any content or advice through the Site, and including any use of content other than as expressly authorized in these Terms and Conditions. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
6. Intellectual Property Limitation of Liability
LEVINE respects the intellectual property of others, and asks visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent:
• Identification of the copyrighted work(s) that you claim has been infringed;
• Identification of where the material that you claim to be infringing is located on the Site;
• A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified to the agent listed below. Please note that this procedure is exclusively for notifications that your copyrighted material has been infringed.
The designated Copyright Agent for notification of claims of copyright infringement on the Site is Jeffrey M. Levine, who can be reached as follows:
Address: 928 Broadway, Suite 305
New York, NY 10010
Similarly, if you believe any of your trademarks or service marks have been infringed, of if you believe that your image has been used without your consent, please notify the designated agent.
7. Dispute Resolution
Any action based on a breach of the terms herein shall be brought to the federal or local courts presiding in New York, NY, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
8. Applicable Laws and Jurisdictional Issues
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of New York applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in New York, NY and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
9. No Partnership
You agree that no partnership, employment, joint venture or agency relationship exists as a result of this Agreement or use of this Site.
10. Force Majeure
Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation arising from or relating to the Site is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Dr. Levine, then Dr. Levine shall not be responsible to you for any failure or delay in the performance of its obligations. Dr. Levine shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Dr. Levine from any duty to perform until as soon as practicable after a force majeure condition ceases to exist.
11. Hyperlinks to other sites; References to Third Parties
The Site may be hyperlinked to other sites which are not maintained by, or related to, Dr. Levine. Hyperlinks to such sites are provided as a service to users and are not necessarily sponsored by or affiliated with this Site or Dr. Levine. Dr. Levine is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Site, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
13. Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
14. No Waiver
Dr. Levine’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Dr. Levine nor any trade practices shall be deemed to modify these Terms and Conditions.
15. Changes to the Terms and Conditions
No changes to these Terms and Conditions shall be made except by a revised posting on the Site.
17. Complete Understanding
These Terms and Conditions constitute the entire understanding between Dr. Levine and you with respect to the Site.
BY USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.
For more information about anything on the Site or if you have any questions about our Terms and Conditions, please contact us by e-mail at firstname.lastname@example.org.
Last updated: October 21, 2009