Terms of Service

 

1. User’s Acknowledgement and Acceptance of Terms

 

Scribs Studio (Robert Scribner) ("Us" or "We" or "Scribs Studio") provides www.scribsstudio.com, www.clients.scribsstudio.com and www.scribsstudio.pixieset.com and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. You must carefully read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including the Privacy and Cookie Policy, prior to use, access, or purchase of any of our products or services. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.


By using this site, you agree to be bound by our Terms of Service, Privacy and Cookie Policies. If you do not wish to be bound by these terms, you may not use or access the site and services. If you require any more information or have any questions about our Terms of Service, Privacy and Cookie Policies, please feel free to contact us by email at scribsstudio@gmail.com.


You must be at least sixteen years of age to use our site. Use of this site is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the site.


These Terms of Service are effective as of today. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.



2. Third Party Sites and Information


This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.



3. Intellectual Property Information

 

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, all images, text, designs, graphics, trademarks, and service marks is the sole property of Scribs Studio. You are only permitted to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third party use, to include social media, without written consent from Scribs Studio through a contractual agreement, such as a Vendor Use Agreement or Print Release. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.



4. diGITAL IMAGE LICENSE


Digital image (“media”) downloads may be included as part of the photography services agreement and downloaded via the client’s photo gallery or purchased from Scribs Studio’s online store.


Client’s Usage

 

The buyer shall only use the media in accordance with the permissions within this agreement. The buyer’s media is for personal use only or in accordance with an expressly written licensing agreement negotiated between the Client and Photographer. Media shall not be submitted to contests, reproduced for commercial use without prior consent by Photographer, or reproduced in any way by parties other than the Photographer. The redistribution of media is strictly prohibited.

 

Scribs Studio grants the buyer a non-exclusive, non-transferable, perpetual, personal-use license to reproduce media via print or other physical media only for any non-commercial use, including but not limited to reprints, enlargements, gifts to family and friends, slide shows, and web pages. Commercial-Use clients shall only use the media in accordance with the expressly written licensing agreement negotiated between Client and Photographer prior to use. Title and ownership, and all rights now and in the future, of and for the media remain exclusively with

Scribs Studio. There are no warranties, express or implied. The media is provided "as is".

 

Social Media

 

The buyer may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. All media posted on social media require a direct link or credit towards Scribs Studio. Buyer shall not copy, download, screen shot, or capture the photographs in any other fashion. Buyer also shall not crop, edit, or add filters to any media.

 

What You May Do

 

Personal, Non-Commercial use of the media includes:

 

  • Display on personal websites and computers
  • Making prints for personal use.

 

What You May Not Do

 

Buyer may not:

 

  • Resell, relicense, sub-license, redistribute, or reuse without express written permission from the Photographer
  • Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration
  • Use the media in advertising or promotional projects
  • Use the media in a pornographic, obscene, illegal, immoral, infringing, libelous, or defamatory manner, or in any way that is reasonably likely to cause any person or property, or anyone connected with any person or property to experience embarrassment or negative concern in any way.
  • Incorporate the media into trademarks, logos, or service marks
  • Make the media available for download
  • Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the media

 

Neither Scribs Studio nor Scribs Studio's vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the media.



5. Security


You are solely responsible for maintaining the confidentiality of your gallery password and for any and all statements made and acts or omissions that occur through the use of your gallery password. Therefore, you must take steps to ensure that others do not gain access to your gallery password. It is your responsibility to secure your gallery password from theft or any other means of unauthorized use that would violate these Terms of Service.


We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe and Paypal. By utilizing these payment processors to gain access to our products and services, you indemnify us and instead assume any and all risk or liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.



6. Assumption of Risk


By accessing our product, services, and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.



7. Confidentiality and Communications


You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.


Any communications made through our ‘contact’, blog, blog comments, or other related pages, or directly to our phones or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our site, servers, comments, emails, or other media as allowed by law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy page.


We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

8. DISCLAIMER OF RESPONSIBILITIES


ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.


THE SITE IS UPDATED ON A REGULAR BASIS, HOWEVER COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. If you should see any errors or omissions and would like to let us know, please email us at scribsstudio@gmail.com.


THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.


WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.


You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.


You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.



9. LIMITATION OF LIABILITY


IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.


FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.



10. INDEMNIFICATION


Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your negligent use or willful misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.



11. TERMINATION OF USE


You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.


Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your galleries and all related information and files in your galleries and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.



12. ENTIRE AGREEMENT


These Terms of Service constitute the entire agreement regarding the use of this site and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict with or inconsistent with these Terms of Service, these Terms of Service shall take precedence.



13. MISCELLANEOUS


You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.


In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.


If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.





Last updated: August 9, 2023