Ok, I have to say this stuff. It’s really boring, but it’s all just standard, boilerplate legal wording that’s necessary when you run a business. *sigh.* Here we go…
Your use of this website constitutes your acceptance of, and agreement to, the following Terms of Use. Dan Bailey Photo reserves the right to modify, alter, amend or update its Websites, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.
PURCHASE POLICIES
On the Websites, you may purchase digital products, such as courses and ebooks (“Products”).
Refund Policy
I want you to be 100% satisfied with your purchase. I’m more than happy to issue you a refund for any eBook you purchase from me if you decide that it’s not the right resource for you, or if you feel it doesn’t match the way I have advertised it on my site. Please contact me directly to discuss.
PRIVACY POLICY
What Personal Information Do the Websites Collect and How Is This Personal Information Used?
This website may receive and store information that you voluntarily submit through the site for the purpose of subscribing in order to receive newsletters, email notifications, requesting a quote for services, or emailing me directly through a contact form.
The site may receive and store certain types of usage-related information when you interact with the website, including, but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.
I use Google Analytics on this website to track statistics regarding our audience and traffic. No personally identifiable information is transferred from the Websites to Google Analytics. For more information on Google’s Analytics privacy policies, please visit this site.
This website may use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.
From time to time, I may engage in sponsored campaigns on this site with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Websites is used in conjunction with these tracking pixels.
I may engage in affiliate marketing on this site, which is described more fully below. If you click on an link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
This website uses PayPal and Stripe to service its ecommerce platform. Personal information, such as name, address, phone number, and email address, is collected for purposes of client communication for order fulfillment.
From time to time, this website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Websites. These companies use cookies to serve ads based on someone’s past visits to the Websites. At any time, you may opt out of Google Ads by modifying your Google Ad settings.
Third-Party Use of Personal Information
This website may provide personal information to an applicable third party in order to provide services. Currently, the Websites use the services of Aweber for delivery of email updates. Aweber use of your personal information is subject to the Aweber privacy policy.
As discussed above, the Websites use PayPal and Stripe for its ecommerce platform. All personal information entered into PayPal will be subject to PayPal’s privacy policy. All personal information entered into Stripe is subject to Stripe’s privacy policy.
At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.
Will the Websites Share the Personal Information It Collects?
Except when required by law, this website will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.
Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, you many not experience full functionality of all possible services provided by this blog. You may request deletion of your personal information by sending an email to “dan <at> danbaileyphoto <dot> com”, but in some cases, I may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.
CHILDREN’S INFORMATION
This site does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Websites have personally-identifiable information of a child under the age of 13 in its database then please contact us immediately at “dan <at> danbaileyphoto <dot> com” and I will use its best efforts to promptly remove such information from our records.
AFFILIATE MARKETING
From time to time, I may engage in affiliate marketing through this website. This means that if you use an affiliate link to make a purchase, I will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Dan Bailey Photo is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com. I also have affiliate advertising arrangements with B&H Photo, Skylum software and a few individual eBook authors and content providers.
FTC DISCLOSURE
From time to time, I may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with me to create content to review certain. Pursuant to the FTC’s requirements, all such advertisements on the Websites are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, I always strive to give my honest opinion and detail my accurate experiences in such content. All views expressed this website are solely provide by me. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
GENERAL DISCLAIMER
I make every effort to ensure that all factual information on this website is accurate. I make no guarantees regarding the results that you will see from using the information provided on this site.
Any statements made on this site related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. I make no guarantees regarding results, present or future. I am is not responsible for your earnings, income, sales, or any other business performance as a result of your use of the information provided on this website.
The information provided on the Websites is provided “as is” without any representations or warranties, express or implied. This website make no representations or warranties in relation to the health and fitness topics discussed.
This website assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on this site. This website assume or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Websites.
YOUR RESPONSIBILITY
This website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. I makes no representations, warranties or guarantees. You understand that results may vary from person to person.
— USE OF THE WEBSITES
Unless otherwise stated, I, Dan Bailey, own the intellectual property and rights to all content and material on this website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Websites, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Websites;
- Reproduction or duplication of any content on the Websites for commercial purposes;
- Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Dan Bailey’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Dan Bailey Photo.
You must not use this website in a way that causes, or may cause, damage to the website or impair the availability of access to the site. You must not decompile, reverse engineer, disassemble or otherwise reduce the website, except to the extent that such activity is expressly permitted by applicable law. You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without Dan Bailey’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Dan Bailey’s express written permission.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by Dan Bailey or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
From time to time, the Websites will legally utilize trademarks owned by third parties related to MMO’s services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant Dan Bailey a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Dan Bailey the right to sub-license these rights and the right to bring an action for infringement of these rights.
LICENSE FOR — USE OF DIGITAL PRODUCTS
All products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
CONTENT CONTRIBUTED TO THE WEBSITES
Any content you contribute to the Websites, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Dan Bailey Photo or a third party.
Dan Bailey Photo reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on my servers; or, (iii) hosted or published on the Website. Dan Bailey Photo takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Dan Bailey Photo’s rights under the Terms of Use, I does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.
TAKEDOWN REQUESTS
From time to time, the Websites will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to “dan <at> danbaileyphoto <dot> com” and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send me an email, register to use the Websites or provide your email to me in any other way, you consent to receive communications from me electronically. You agree that all legal notices provided via electronic means from me satisfy any requirement for written notice.
THIRD PARTIES
The Website contain links to third-party websites that are not governed or controlled by Dan Bailey Photo. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. Dan Bailey Photo assumes no control or liability over the content of any third-party sites. You expressly hold harmless Dan Bailey Photo from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Dan Bailey Photo harmless from any and all liability in any dispute.
NO WARRANTIES
This Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. I makes no representations or warranties in relation to the Website or the information and materials provided therein.
I makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Dan Bailey Photo is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
Dan Bailey Photo WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER USED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR — USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Dan Bailey Photo, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Dan Bailey Photo suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Alaska. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Anchorage, Alaska. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Dan Bailey Photo.
All notices with respect to the Terms of Use must be in writing and may be via email to “dan <at> danbaileyphoto <dot> com” for Dan Bailey Photo and to your email address.
-Dan Bailey