Terms & Conditions
PLEASE TAKE A MOMENT TO REVIEW THESE TERMS
Carlos Hernandez Photography has exclusive ownership and control over the Sites, offering information about my products and services and occasionally granting access to educational materials related to various photography topics. You acknowledge that the use or access to any or all of the Sites, on its own, does not establish any representation or future commitment. Unauthorized reproduction, use, or theft of any content, be it written, photographic, or otherwise, is strictly prohibited. By using the Sites, you expressly agree to a fine of $50 per incident for any unauthorized use of our content, as determined solely by Carlos Hernandez Photography.
Unless explicitly stated otherwise, Carlos Hernandez Photography owns all rights, titles, and interests in and to the Sites. This includes, but is not limited to, graphics, site content, design, organization, compilation, and other matters related to or included on the Sites. The trademarks, including my name Carlos Hernandez, and related names, product and service names, logos, slogans, and designs are the property of Carlos Hernandez Photography, and you may not use these marks without prior written permission. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners and should not be used without obtaining permission from those respective owners. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS
Content and materials posted on the Site may consist of copyrighted content of others (“Third Party Content”) used by Carlos Hernandez Photography either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and request that you do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing, or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Carlos Hernandez Photography; (ii) present false or misleading information about Carlos Hernandez Photography; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS
Advertisements may be included on the Sites from time to time. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I provide on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Carlos Hernandez Photography of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Carlos Hernandez Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIABILITY LIMITATION
The Sites are provided in their current state, with no guarantee of any kind. Carlos Hernandez Photography, along with its affiliates, licensors, service providers, employees, agents, officers, or directors (referred to as the "Released Parties"), explicitly disavows all warranties, whether explicit or implied, including but not limited to merchantability, fitness for a specific purpose, and non-infringement. The Released Parties also reject any warranties arising from customary practices, performance history, usage, or trade norms. Assurance regarding the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy, or suitability of any information or content on the Sites is not provided. Consequently, it is your responsibility to exercise caution, discretion, and practical judgment when utilizing the Sites. The entire responsibility for the use of the Site and/or services lies with you.
To the fullest extent permitted by applicable law, the Released Parties are not responsible for any direct, indirect, special, incidental, consequential, or punitive damages resulting from the use of or inability to access the Sites. This encompasses damages such as goodwill loss, work disruptions, computer malfunctions, or any other personal or commercial harm, regardless of whether the possibility of such damages has been communicated, and irrespective of the legal or equitable basis (contract, tort, breach of warranty, or otherwise) on which the claim is founded. The Released Parties bear no liability for content posted or materials linked through the Sites. If you have any claim arising from your use of the Sites, your sole recourse is to discontinue using them.
It's important to note that in certain jurisdictions, the disclaimer of implied warranties and/or limitations of liability may not be applicable. In such instances, any such disclaimer or limitation of liability is constrained to the minimum extent permissible under local laws.
APPLICABLE LAW AND JURISDICTION
These Terms are governed by the laws of the State of Washington, Clark County, without regard to any conflict of laws principle. In the event of any dispute related to these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Clark County, Washington.