Terms of Service
Last Updated: January 1, 2025
TABLE OF CONTENTS
AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS (NEW)
USER REGISTRATION (NEW)
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENSE
SOCIAL MEDIA
SUBMISSIONS
THIRD-PARTY WEBSITES AND CONTENT
SITE MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY (NEW)
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
NO AGENCY OR EMPLOYMENT RELATIONSHIP (NEW)
ASSUMPTION OF RISK AND RELEASE OF LIABILITY (NEW)
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Neo Digital Imaging (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://neodigitialimaging.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing the most current version of these Terms of Use to stay informed of updates. By continuing to use the Site after the date such revised Terms of Use are posted, you will be deemed to have accepted the changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. USER REPRESENTATIONS (NEW)
By using the Site, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with these Terms of Use.
You are at least 18 years old, or if under 18, you are accessing the Site exclusively under the account of, and direct supervision by, your parent or legal guardian.
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION (NEW)
You may be required to register with the Site. All registered users must be 18 years or older. If you are under 18 (a “Minor”), you may only access or use the Site through an account set up in the name of your parent or legal guardian; that parent or guardian must directly supervise your activities at all times.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
Engage in any automated use of the system (e.g., using scripts to send comments or messages).
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or use the username of another user.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g., 1×1 pixels, web bugs, cookies, or other similar devices).
Interfere with, disrupt, or create an undue burden on the Site or the networks/services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Attempt to bypass any measures of the Site designed to prevent or restrict access.
Copy or adapt the Site’s software.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses for sending unsolicited email.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor.
Use the Site to advertise or offer to sell goods and services.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, or other functionality, and may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (“Contributions”). Contributions may be viewable by other users and through third-party websites. By posting Contributions, you represent and warrant that:
You own or have the necessary rights to post your Contributions.
Your Contributions do not infringe any third party’s intellectual property rights or privacy/publicity rights.
Your Contributions are not false, misleading, or defamatory.
Your Contributions are not unlawful, abusive, or otherwise objectionable.
Your Contributions do not violate any applicable law or regulation.
We reserve the right, in our sole and absolute discretion, to remove or re-categorize any Contributions for any reason.
7. CONTRIBUTION LICENSE
By posting your Contributions to the Site or making them accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant (or warrant that you have the right to grant) us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, sell, publish, broadcast, reformat, translate, excerpt, and distribute such Contributions for any purpose, including commercial, advertising, or otherwise, in any media formats.
You retain full ownership of your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the entity being reviewed.
Your reviews must not contain offensive profanity or abusive, racist, or hate language.
Your reviews must not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not make false or misleading statements.
You may not organize a campaign encouraging others to post reviews.
We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions. We do not assume liability for any review or claims resulting from any review.
9. MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on your devices in accordance with these Terms. You shall not:
Decompile or reverse engineer the application.
Make any unauthorized modifications to the application.
Use the application for any revenue-generating endeavor.
Apple and Android Devices
The license granted to you for our mobile application is limited to a non-transferable license to use the application on devices that utilize the Apple iOS or Android operating systems, in accordance with applicable app store terms.
10. SOCIAL MEDIA
You may link your account with third-party service providers by providing your login information or allowing us access. You represent that you are entitled to disclose your login credentials without breaching any agreement. We are not responsible for any Social Network Content accessed through the Site or any Third-Party Account privacy settings.
11. SUBMISSIONS
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights and be entitled to unrestricted use of these Submissions without acknowledgment or compensation to you.
12. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites (“Third-Party Websites”) and content belonging to or originating from third parties (“Third-Party Content”). We do not investigate or monitor such websites or content for accuracy or completeness. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on the Site.
13. SITE MANAGEMENT
We reserve the right to:
Monitor the Site for violations of these Terms.
Take appropriate legal action against anyone violating the law or these Terms.
Refuse, restrict access to, or disable any of your Contributions.
Remove or disable any files/content that are excessive in size or burdensome to our systems.
Otherwise manage the Site in a manner designed to protect our rights and property.
14. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site. Please be advised the Site is hosted in the United States. If you access the Site from another region with laws differing from U.S. laws, your data may be transferred to and processed in the U.S.
15. COPYRIGHT INFRINGEMENTS
If you believe any material available on or through the Site infringes upon any copyright you own or control, please notify us immediately. You may be held liable for damages if you knowingly misrepresent that material or activity is infringing.
16. TERM AND TERMINATION
These Terms of Use remain in full force while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site for any reason. We may terminate your use or delete your account at any time, without warning.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice. We will not be liable for any modification or discontinuance of the Site.
18. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
Parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration.
Binding Arbitration
If informal negotiations fail, any dispute will be resolved through binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA).
Restrictions
Any arbitration shall be limited to the dispute between the parties individually and shall not be joined with any other proceeding or class action.
20. CORRECTIONS
Information on the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors and to change or update information on the Site at any time.
21. DISCLAIMER
The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof.
22. LIMITATIONS OF LIABILITY (NEW)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NO LIABILITY FOR CERTAIN DAMAGES
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit or data, arising from your use of the Site, even if we have been advised of the possibility of such damages.
LIMITATION ON AMOUNT
Notwithstanding anything to the contrary contained herein, our total liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 6-month period prior to any cause of action arising or $100 USD.
STATE EXCEPTIONS
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any loss or liability arising out of:
Your Contributions;
Your use of the Site;
Your breach of these Terms of Use;
Your violation of the rights of a third party; or
Any overt harmful act toward any other user of the Site.
24. USER DATA
We will maintain certain data transmitted to the Site for the purpose of managing the Site’s performance, but you are solely responsible for all data you transmit. You agree we have no liability for any loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
27. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us constitute the entire agreement between you and us. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver. If any provision of these Terms of Use is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.
28. CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please reach out via our Contact page located in the footer of the Site.
29. NO AGENCY OR EMPLOYMENT RELATIONSHIP (NEW)
NEO DIGITAL IMAGING IS NOT AN AGENCY, EMPLOYER, OR TALENT MANAGER.
We do not employ individuals, nor do we act as an agent or representative of any user on the Site.
We do not guarantee contracts, bookings, wages, or any form of compensation to any user.
The Site exists exclusively to assist users in portfolio-building activities and does not create, nor is it intended to create, an employer-employee or principal-agent relationship.
30. ASSUMPTION OF RISK AND RELEASE OF LIABILITY (NEW)
VOLUNTARY PARTICIPATION
You understand and agree that any participation in photo shoots, events, or other collaborations facilitated through our Site is voluntary. You assume all risks associated with such participation.
NO LIABILITY FOR ACCIDENTS OR INJURIES
We are not responsible or liable for any injuries, accidents, or incidents that may occur before, during, or after any photo shoot, event, or activity arranged through our Site. All scheduling, planning, and safety measures are solely the responsibility of the individuals involved.
PERSONAL RESPONSIBILITY
You acknowledge that you are solely responsible for managing and assessing any risks, conditions, or requirements related to your activities, including but not limited to securing insurance, medical coverage, or taking other safety precautions.
WAIVER OF CLAIMS
By using the Site, you expressly release and discharge Neo Digital Imaging from any and all claims or causes of action arising from your participation in any activity, as well as from any breach of duty (whether statutory, contractual, or otherwise).
By continuing to use the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including Sections 29 and 30 regarding no agency/employment relationship and assumption of risk/release of liability. If you have any questions or concerns, please contact us.
Thank you for using Neo Digital Imaging!
TABLE OF CONTENTS
AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS (NEW)
USER REGISTRATION (NEW)
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENSE
SOCIAL MEDIA
SUBMISSIONS
THIRD-PARTY WEBSITES AND CONTENT
SITE MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY (NEW)
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
NO AGENCY OR EMPLOYMENT RELATIONSHIP (NEW)
ASSUMPTION OF RISK AND RELEASE OF LIABILITY (NEW)
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Neo Digital Imaging (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://neodigitialimaging.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing the most current version of these Terms of Use to stay informed of updates. By continuing to use the Site after the date such revised Terms of Use are posted, you will be deemed to have accepted the changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. USER REPRESENTATIONS (NEW)
By using the Site, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with these Terms of Use.
You are at least 18 years old, or if under 18, you are accessing the Site exclusively under the account of, and direct supervision by, your parent or legal guardian.
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION (NEW)
You may be required to register with the Site. All registered users must be 18 years or older. If you are under 18 (a “Minor”), you may only access or use the Site through an account set up in the name of your parent or legal guardian; that parent or guardian must directly supervise your activities at all times.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
Engage in any automated use of the system (e.g., using scripts to send comments or messages).
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or use the username of another user.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g., 1×1 pixels, web bugs, cookies, or other similar devices).
Interfere with, disrupt, or create an undue burden on the Site or the networks/services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Attempt to bypass any measures of the Site designed to prevent or restrict access.
Copy or adapt the Site’s software.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses for sending unsolicited email.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor.
Use the Site to advertise or offer to sell goods and services.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, or other functionality, and may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (“Contributions”). Contributions may be viewable by other users and through third-party websites. By posting Contributions, you represent and warrant that:
You own or have the necessary rights to post your Contributions.
Your Contributions do not infringe any third party’s intellectual property rights or privacy/publicity rights.
Your Contributions are not false, misleading, or defamatory.
Your Contributions are not unlawful, abusive, or otherwise objectionable.
Your Contributions do not violate any applicable law or regulation.
We reserve the right, in our sole and absolute discretion, to remove or re-categorize any Contributions for any reason.
7. CONTRIBUTION LICENSE
By posting your Contributions to the Site or making them accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant (or warrant that you have the right to grant) us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, sell, publish, broadcast, reformat, translate, excerpt, and distribute such Contributions for any purpose, including commercial, advertising, or otherwise, in any media formats.
You retain full ownership of your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the entity being reviewed.
Your reviews must not contain offensive profanity or abusive, racist, or hate language.
Your reviews must not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not make false or misleading statements.
You may not organize a campaign encouraging others to post reviews.
We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions. We do not assume liability for any review or claims resulting from any review.
9. MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on your devices in accordance with these Terms. You shall not:
Decompile or reverse engineer the application.
Make any unauthorized modifications to the application.
Use the application for any revenue-generating endeavor.
Apple and Android Devices
The license granted to you for our mobile application is limited to a non-transferable license to use the application on devices that utilize the Apple iOS or Android operating systems, in accordance with applicable app store terms.
10. SOCIAL MEDIA
You may link your account with third-party service providers by providing your login information or allowing us access. You represent that you are entitled to disclose your login credentials without breaching any agreement. We are not responsible for any Social Network Content accessed through the Site or any Third-Party Account privacy settings.
11. SUBMISSIONS
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights and be entitled to unrestricted use of these Submissions without acknowledgment or compensation to you.
12. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites (“Third-Party Websites”) and content belonging to or originating from third parties (“Third-Party Content”). We do not investigate or monitor such websites or content for accuracy or completeness. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on the Site.
13. SITE MANAGEMENT
We reserve the right to:
Monitor the Site for violations of these Terms.
Take appropriate legal action against anyone violating the law or these Terms.
Refuse, restrict access to, or disable any of your Contributions.
Remove or disable any files/content that are excessive in size or burdensome to our systems.
Otherwise manage the Site in a manner designed to protect our rights and property.
14. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site. Please be advised the Site is hosted in the United States. If you access the Site from another region with laws differing from U.S. laws, your data may be transferred to and processed in the U.S.
15. COPYRIGHT INFRINGEMENTS
If you believe any material available on or through the Site infringes upon any copyright you own or control, please notify us immediately. You may be held liable for damages if you knowingly misrepresent that material or activity is infringing.
16. TERM AND TERMINATION
These Terms of Use remain in full force while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site for any reason. We may terminate your use or delete your account at any time, without warning.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice. We will not be liable for any modification or discontinuance of the Site.
18. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
Parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration.
Binding Arbitration
If informal negotiations fail, any dispute will be resolved through binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA).
Restrictions
Any arbitration shall be limited to the dispute between the parties individually and shall not be joined with any other proceeding or class action.
20. CORRECTIONS
Information on the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors and to change or update information on the Site at any time.
21. DISCLAIMER
The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof.
22. LIMITATIONS OF LIABILITY (NEW)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NO LIABILITY FOR CERTAIN DAMAGES
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit or data, arising from your use of the Site, even if we have been advised of the possibility of such damages.
LIMITATION ON AMOUNT
Notwithstanding anything to the contrary contained herein, our total liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 6-month period prior to any cause of action arising or $100 USD.
STATE EXCEPTIONS
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any loss or liability arising out of:
Your Contributions;
Your use of the Site;
Your breach of these Terms of Use;
Your violation of the rights of a third party; or
Any overt harmful act toward any other user of the Site.
24. USER DATA
We will maintain certain data transmitted to the Site for the purpose of managing the Site’s performance, but you are solely responsible for all data you transmit. You agree we have no liability for any loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
27. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us constitute the entire agreement between you and us. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver. If any provision of these Terms of Use is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.
28. CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please reach out via our Contact page located in the footer of the Site.
29. NO AGENCY OR EMPLOYMENT RELATIONSHIP (NEW)
NEO DIGITAL IMAGING IS NOT AN AGENCY, EMPLOYER, OR TALENT MANAGER.
We do not employ individuals, nor do we act as an agent or representative of any user on the Site.
We do not guarantee contracts, bookings, wages, or any form of compensation to any user.
The Site exists exclusively to assist users in portfolio-building activities and does not create, nor is it intended to create, an employer-employee or principal-agent relationship.
30. ASSUMPTION OF RISK AND RELEASE OF LIABILITY (NEW)
VOLUNTARY PARTICIPATION
You understand and agree that any participation in photo shoots, events, or other collaborations facilitated through our Site is voluntary. You assume all risks associated with such participation.
NO LIABILITY FOR ACCIDENTS OR INJURIES
We are not responsible or liable for any injuries, accidents, or incidents that may occur before, during, or after any photo shoot, event, or activity arranged through our Site. All scheduling, planning, and safety measures are solely the responsibility of the individuals involved.
PERSONAL RESPONSIBILITY
You acknowledge that you are solely responsible for managing and assessing any risks, conditions, or requirements related to your activities, including but not limited to securing insurance, medical coverage, or taking other safety precautions.
WAIVER OF CLAIMS
By using the Site, you expressly release and discharge Neo Digital Imaging from any and all claims or causes of action arising from your participation in any activity, as well as from any breach of duty (whether statutory, contractual, or otherwise).
By continuing to use the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including Sections 29 and 30 regarding no agency/employment relationship and assumption of risk/release of liability. If you have any questions or concerns, please contact us.
Thank you for using Neo Digital Imaging!