Acceptance of Terms
Purchase of Products and Services
Order Form and Account Registrations
Usernames and Passwords
You will receive a username and password upon completing the Service’s account registration process. Your username will be the email address you provide and you will chose a password, based on some parameters. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Service shall be for your personal use only. You agree to (a) immediately notify Bella of any unauthorized use of your username or password and (b) ensure that you exit from your account at the end of each session.
Use of the Service
You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Service (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Service. Bella does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bella be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service.
In addition, you represent and warrant that you will not use the Service to do any of the following:
(1) upload, post, transmit or otherwise make available: (1) any Content that infringes any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
(2) any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, defamatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(3) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any 3rd party, content you did not create or content that you did not have permission to post);
(4) any unsolicited communications or advertising not authorized by The NYC Real Estate Photo Specialist, promotional materials or any other form of solicitation for any type of information; or
(5) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (2) obtain any information or Content from the Service using any robot, spider, scraper or other automated means for any purpose; (3) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (4) intentionally or unintentionally violate any applicable local, state, national or international law; (5) upload any content other than those of a personal nature that: (1) is of you and your friends,
(2) is taken by you or your friends, or
(3) is original art or animation created by you or your friends;
(6) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or (7) collect or store personal data, including but not limited to, email addresses or data about other users in connection with the prohibited activities described in this paragraph.
The Service and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by The NYC Real Estate Photo Specialist or the providers of the Content. You shall not attempt to override or circumvent any of the usage rules embedded in such security components.
The Service may contain, or third parties may provide via the Service, links to third party websites or resources. The NYC Real Estate Photo Specialist has no control over such sites and resources, and you agree that The NYC Real Estate Photo Specialist is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. The NYC Real Estate Photo Specialist may modify, discontinue or suspend any portion of the Service, temporarily or permanently at any time. The NYC Real Estate Photo Specialist shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree to defend, indemnify and hold harmless The NYC Real Estate Photo Specialist, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to attorney’s fees) arising from:
By submitting Content via the Service, you grant to The NYC Real Estate Photo Specialist a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, reproduce, distribute, import, publicly display, publicly perform and digitally perform such Content in connection with The NYC Real Estate Photo Specialist operation of the Service, and the right to sublicense the foregoing rights (through multiple tiers) to The NYC Real Estate Photo Specialist business partners, co-branded website operators, and other channels of distribution related to the Service. You also grant The NYC Real Estate Photo Specialist the right to sublicense your Content to third-party contractors for the purpose of enabling them to host your Content and otherwise process the Content in connection with The NYC Real Estate Photo Specialist provision of the Service.
Ownership of the Service
Except for the Content submitted by users, the Service, including without limitation all content and photographs displayed on the Service and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by The NYC Real Estate Photo Specialist or its licensors. You acknowledge that the Service, the content and photos displayed on the Service and any underlying technology or software used in connection with the Service contain Bella’s proprietary information. You may not reproduce, distribute, create derivative works of, publicly display or commercially exploit any part of the Service, including without limitation, photographs, except as expressly provided by Bella. Bella®, Bella Pictures® and the The NYC Real Estate Photo Specialist® logo are trademarks of The NYC Real Estate Photo Specialist or its affiliates. All rights in the Service not expressly granted by The NYC Real Estate Photo Specialist to you are retained by The NYC Real Estate Photo Specialist.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any content available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to The NYC Real Estate Photo Specialist pursuant to the Digital Millennium Copyright Act by providing The NYC Real Estate Photo Specialist with the following information in writing:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the The NYC Real Estate Photo Specialist site, with enough detail that we may find it on the website; (4) Your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). The NYC Real Estate Photo Specialist Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: Please go to http://portraits.marcbeckerphotography.com to send an email to us
Please note that due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Content and Warranty Disclaimer
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NYC REAL ESTATE PHOTO SPECIALIST, ITS AFFILIATES, PARTNERS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED THROUGH THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE NYC REAL ESTATE PHOTO SPECIALIST TO YOU ARISING FROM OR RELATING TO THE SERVICE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO THE NYC REAL ESTATE PHOTO SPECIALIST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THE NYC REAL ESTATE PHOTO SPECIALIST’S SUPPLIERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE NYC REAL ESTATE PHOTO SPECIALIST IS NOT RESPONSIBLE FOR THOSE COSTS. Applicable law may not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Service, such activity is solely between you and the applicable third party. The NYC Real Estate Photo Specialist shall have no liability, obligation or responsibility for any such activity. You hereby release The NYC Real Estate Photo Specialist from all claims arising from such activity.
You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Notwithstanding the foregoing, The NYC Real Estate Photo Specialist shall not be liable for any claims, damages or other losses arising out of any disputes between users.