Terms OF USE

1. Acceptance of Terms

Dubay Photography LLC (“Dubay Photography,” “we,” “us,” “our”), provides access to its main website (dubayphotography.com) and other websites we own or control (collectively, “Sites”) subject to your acceptance of this Website User Agreement (“Agreement”). Any person accessing, browsing, and otherwise using the Sites, either manually or via an automated device, shall be deemed a “User.” All users are subject to and agree to be bound by this Agreement when using the Sites.
When using a particular feature of the Sites, you may also be subject to any posted guidelines, privacy policies, rules, or terms of service. In the event of a conflict between any such posted guidelines, privacy policies, rules, or terms of service and this Agreement, the provisions of this Agreement shall govern
when using the Sites.

2. Privacy
You agree that you have read and understand the terms of our Privacy Policy, which is incorporated herein. The Privacy Policy governs the collection, maintenance, sharing, and use of personal and non-personal information from you when using the Sites.

3. Risk; Internet Use You assume total responsibility and risk for your use of the Sites and the Internet. You acknowledge and
agree that any uploads or transmission you make to, from, or through the Sites may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.

4. Downloading Materials From The Site
You understand that Dubay Photography cannot and does not guarantee or warrant that materials available for downloading from the Sites, including links, will be free of infection or cancelbots, time bombs, Trojan horses, viruses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal or non-
personal information, data, or systems (collectively, “Viruses”). You are responsible for implementing sufficient checkpoints and procedures to satisfy your particular requirements for accuracy and security of
data input and output and for maintaining a means external to the Sites for the reconstruction of any lost information or data.

5. Intellectual Property the contents of the Sites, such as audio clips, graphics, logos, photographs, software, text, trademarks,
video, and other information (“Proprietary Content”) are, unless otherwise expressly noted, the property of Dubay Photography. The Proprietary Content is protected by state, federal, and international copyright and trademark laws and other laws. This Proprietary Content is protected in all forms, media, and technologies, existing now or hereinafter developed. No portion of the Proprietary Content may be distributed, modified, reprinted, or republished in any form without the express written permission of
Dubay Photography. You may not copy, decompile, disassemble, license, modify, reproduce, reverse engineer, sell, transmit, or create derivative works of any of the Proprietary Content. Certain Proprietary Content may be licensed from third parties, and all such third-party content and all
intellectual property rights related to the third-party content belong to the respective third parties. 

You may not remove any copyright, trademark, or other intellectual property or proprietary legend or notice contained on the Sites or the Proprietary Content. Any rights not expressly granted by this agreement or any applicable end-user license agreements are reserved by Dubay Photography.

Except as expressly provided above, nothing contained herein shall be construed as conferring by
estoppel, implication, or otherwise any license or right under any copyright, patent, or trademark of
Dubay Photography or any third party.

6. Links to Other Websites and Linking to Dubay Photography’s site any links to other websites are provided merely as a convenience to the Users of the Sites. Dubay
Photography has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials
found there, or any results that may be obtained from using them. If you decide to access any other sites linked on the Sites, you do so entirely at your own risk.

7. Acceptable and Lawful Use of the Site
Any information provided to Dubay Photography in connection with use of the Sites: (a) shall not be defamatory, false, harassing, inaccurate, libelous, misleading, or threatening; (b) shall not be indecent or
obscene; (c) shall not contain any Viruses; (d) shall not infringe on Dubay Photography’s or any third party’s copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy; and (e) shall not create liability for Dubay Photography or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Sites, including but not limited to unsolicited email, also called SPAM.

8. NO WARRANTIES
THE SITES AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DUBAY PHOTOGRAPHY DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITES, THE SITES’ CONTENT, OR ANY
SERVICES PROVIDED THROUGH THE SITES OR ON THE INTERNET GENERALLY. SOME
STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. DUBAY PHOTOGRAPHY DOES NOT
WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SITES WILL BE CORRECTED.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITES OR PROVIDING CONTENT, OFFERINGS,
PRODUCTS, OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES FOR LOSS OF DATA, GOODWILL,
PROFITS, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO
USE THE SITES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, OFFERINGS, PRODUCTS, OR SERVICES RESULTING FROM ANY CONTENT, OFFERINGS, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (IV) WARRANTIES, REPRESENTATIONS, CONDUCT,
GUARANTEES, OR STATEMENTS OF DUBAY PHOTOGRAPHY OR ANY THIRD PARTY ON
THE SITES; OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SITES.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
OFFERINGS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITES. IN NO EVENT
SHALL DUBAY PHOTOGRAPHY’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS
EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO DUBAY PHOTOGRAPHY, IF ANY,
FOR THE USE OF THE SITES BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.

10. Indemnification
You agree to defend, hold harmless, and indemnify Dubay Photography, its affiliates, agents, attorneys, directors, employees, and officers from and against any and all actions, claims, costs, damages, demands,
liabilities, and losses of any kind (including reasonable attorneys’ fees) resulting from (i) your use of the sites, (ii) your use of content, offerings, products, or services provided through the Sites, or (iii) your breach of any provision of this Agreement. Dubay Photography reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you still are responsible for indemnifying Dubay Photography, and you agree to cooperate
with Dubay Photography in asserting any available defenses.

11. User Feedback
Should any User respond through the Sites, via e-mail or otherwise, with any information including, but not limited to, comments, feedback, opinions, questions, requests, suggestions, or the like regarding Dubay Photography content, offerings, products, or services, such information shall be deemed to be non-confidential, and Dubay Photography shall have no obligation of any kind with respect to such information. Dubay Photography shall be free to disclose, distribute, reproduce, and otherwise use the
information without limitation and shall be free to use any concepts, ideas, know-how, or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

15. Your Account Obligations
Certain sections of the Sites require that you register by providing particular information including a username and password (collectively, “Account Information”). In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Sites (the “Registration
Information”); and (ii) maintain and update the Registration Information to keep it accurate, complete, and current. If you provide any information that is inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is inaccurate, incomplete, or not current, we may, in
our sole discretion, suspend or terminate your account and decline to permit your continued use of the sites, future access to the Sites, or any activities related to your registration and account. You are responsible for maintaining the confidentiality of your Account information and are fully responsible for all activities that occur under your Account Information. You agree that your Account
Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any
unauthorized use of your Account Information or any other breach of security. Dubay Photography shall not, in any manner, be responsible or liable for fraudulent purchases, requests, or other transactions that are made using your compromised Account Information.

12. Pricing for Products and Services in the event an offering or a product or service or the cost of an activity or event is listed at an incorrect price or with incorrect information due to a typographical or other error, Dubay Photography shall have the right to refuse or cancel any orders placed for said offering, product, or service. Dubay Photography
shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the User’s credit card has been charged or other payment has been accepted.

13. Children
The Sites are not directed to children under the age of 13 and are not intended be used by children under the age of 13. If you are under the age of 13, you agree that you will not use the Sites and you will not provide personal information about yourself to Dubay Photography through the Sites.

14. International Users Dubay Photography makes no claims that information on the Sites is appropriate or may be downloaded
outside of the United States of America (“U.S.”). Access to the Sites may not be legal in certain countries or for certain persons. If you access the Sites from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable
content. User personal information (“Information”) that is submitted to the Sites will be collected, maintained, shared, and used in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that Dubay Photography may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use the Sites. If you
have already provided us with Information, please contact us, and let us know how you would like us to handle such Information.

15. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Dubay Photography, at any time or times, to require performance of any provision hereof shall in no manner affect Dubay Photography’s
right at a later time to enforce such provision. No delay or failure by Dubay Photography in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of
Dubay Photography. Dubay Photography may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to
enforce any term of this Agreement except as expressly provided herein. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Dubay Photography and you pertaining to the subject matter hereof and supersedes all prior agreements, whether
oral or written, and documents regarding your use of the Sites.

16. Headings the headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.

17. Updates and Modifications in its sole discretion, Dubay Photography may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Sites or any one site or webpage thereof. Any amended or modified terms will be effective upon posting. Continued use of any sites constitutes acceptance of any modified terms and conditions.

18. Termination
Dubay Photography may immediately issue a warning or, without warning, suspend or terminate your access to the Sites for breach of this Agreement (or any document incorporated by reference hereto), or
for any other reason in our sole discretion.

19. Governing Law
This Agreement and access to the Sites shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its conflict of law rules, and, where applicable, the federal laws of the United States of America.

20. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the Commonwealth of Massachusetts in the United States of America for any dispute resolution arising out of or relating to use of the Sites, and you agree not to commence any proceeding relating thereto except in the Commonwealth of Massachusetts in the United States of America.