Who is Chris Lo Bue Photography?
Chris Lo Bue Photography/CLB Photography of NJ, LLC is a New Jersey limited liability company that provides on-location services, photography, and digital images for corporate and commercial businesses.
All Users Agree to Our Terms & Conditions
All visitors (in the future, “User(s),” “You,” or “Your”) to our Platforms are subject to the terms, conditions, and notices outlined in these Terms and Conditions (the “Terms & Conditions”). These Terms & Conditions may be amended from time to time. Purchasers of Our photographs or services may be subject to additional rules applicable to such transactions.
By purchasing and using Our Photographs (physical and or digital), you accept these Terms & Conditions and agree to comply with its provisions.
If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PHOTOGRAPHS OR HIRES US FOR OUR SERVICES.
All Users Agree to Our Privacy Policy
You agree to the terms of our Privacy Policy set forth at www.chrislobue.com/privacy-policy, and may be amended from time to time.We provide Headshot Photography, Architectural Photography, Interior Photography, Commercial Business Photography, Industrial Photography, and Business Branding Photography in the form of physical prints and downloadable digital images. Collectively, we refer to our products, services, and photographs as “Our Products.”
All purchasers of our products agree to the following conditions for any paid transaction with us (hereinafter, “Payment Terms”). You warrant and represent that you are authorized to use any payment method you provide to us (such as credit cards).
You agree to indemnify us against losses we may sustain due to any breach of this warranty. We use third-party vendors to process payments for Our Products. These vendors are currently Quickbooks. Visit https://quickbooks.intuit.com/ to view this vendors’ specific privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control.
Our Products that are sold and distributed in a digital format are non-refundable.
Conduct of Users
Users of Our Photographs and Services understand and agree that Our Corporate Photographs and Photography Services may only be used for lawful purposes and under these Terms & Conditions.
Users of Our Photographs and Services represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
Prohibited Conduct. Users of Our Photographs and Services understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).
You will not violate or encourage the violation of any local, state, national, or international law or regulation. You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You are or cause other Users to believe that You represent any other person or entity other than who you actually represent. You will not submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial endeavor. You will not solicit money, goods, or services for private gain. You will not assist any third party in engaging in any Prohibited Conduct.
Intellectual Property
Our Rights. Our Photographs and Services and the entire content appearing on Our Online website and social media accounts, including all text, images, software code, Submitted content, audio and video, and the design, layout, functionality, and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty, or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets, and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials.
You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion.
No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify, or otherwise exploit Our Materials except as may be permitted for specific content as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos, or tradenames without Our express, prior, written permission or agreement stated within Our scope of work contract/agreements.
Third-Party Rights. Some content appearing on our Platforms may be owned by third parties. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify, or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain under the ownership of those third parties and may not be used without the permission of their respective owners—allegations of Infringement (DMCA).
If You believe that any of Photographs and Services violates Your copyright(s) or other rights, You may request the removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following: Your name, address, and contact information. A copy of the work(s) You believe is being infringed upon within Our Platforms. A readily identifiable description and location with Our Platforms of the work(s) You believe are infringing. A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization.
Limitation of Liability
We make no warranty that Our Digital Photo/Video files and Download links are free of viruses or other harmful or incompatible software that may damage any device on which You view or use Our Photographs. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose. Not liable for the content. You assume any risk associated with any reliance You place on Our Digital Photo/Video files, whether such content is provided by Us or by any Users of Our Platforms or any other third-parties.No Legal Advice. Our Digital Photo/Video files are not to be construed as legal advice in any manner. You should consult an attorney of Your choice regarding any legal matter that You may have and not rely on any of Our Digital Photo/Video files in making any decisions or taking or refraining from any actions. Opinions expressed are of individuals. Our Digital Photo/Video files may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions.
We are not responsible for any such opinions. Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third party. Limitation of Damages. To the maximum extent permitted by law, in no event shall Chris Lo Bue Photography/CLB Photography od NJ, LLC, its licensors, licensees, affiliates or partners, employees, or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Digital Photo/Video files. You are solely responsible for any loss, claims, or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.
Headshot, corporate branding, business photoshoot events outside of our control such, as such foul weather, late arrivals of individuals, missing persons, short time frame, scheduling complications, talent or outside vendor(s) interference, uncooperative nature of individuals, may preclude the creation of desired creative photographs and we will not be held responsible for the photographic outcome.
Indemnification
You agree to indemnify and hold harmless Chris Lo Bue Photography/CLB Photography of NJ, LLC, its licensors, licensees, affiliates or partners, and members, employees, agents, or attorneys of same, from and against any claim arising from and or related to Your breach of these Terms & Conditions and Your Prohibited Conduct and or Your Prohibited Submissions.
Updates to Terms & Conditions and Privacy Policy
From time to time, as Our Digital Photo/Video files evolve, we will update our Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Digital Photo/Video files. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy.
Dispute Resolution
In the unlikely event that You have a dispute with Us regarding Your use of Our Digital Photo/Video files, regarding or Our products, or services, Our Privacy Policy, Our Terms & Conditions, Your relationship with Us (contractual or otherwise), or any other claim (collectively, “Disputes”), and we are unable to resolve that dispute through informal communications between Us, You agree that any such Disputes will be subject to the following dispute resolution: Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the New Jersey Lawyers for the Arts, Arts Arbitration and Mediation Service. See http://www.njvla.org.
In the event that such arbitration service is no longer operating, then the Arbitration service of the American Arbitration Association shall substitute. The venue for any such dispute shall be the County of Monmouth, and New Jersey laws shall apply. You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You understand that by voluntarily providing information to Us, using Our Website, or otherwise engaging in any transaction with Us involving Our products or services, you are waiving any rights to a trial by jury or joining any collective or class action litigation involving any Dispute.
Additional Legal Terms
Integration. These Terms & Conditions, along with Our Privacy Policy and any specific additional terms related to any specific transaction(s) regarding our products, services, or Digital Photo/Video files (collectively, “Our Agreement”), constitute the entire agreement between You and Us and supersede all prior and contemporaneous understanding, agreements, representations, and warranties, written or oral. You may not make any changes to these agreements without Our written consent.
If any provision(s) or term(s) of Our Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other conditions and terms of Our Agreement shall remain in full force and effect.No Waiver.No waiver of or failure to enforce any particular instance of any breach of Our Agreement shall be deemed a continuing waiver of any provision or any subsequent breach of Our Agreement—injunctive Relief.
You agree that any breach or threatened breach of Our Agreement will damage Us in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that We may bring an action for injunctive relief against You for any breach or threatened breach of Our Agreement in addition to any action for monetary or other damages. We may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this agreement—injunctive Relief Waiver. You, as a condition of entering into Our Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution, or other exploitation of Our Digital Photo/Video files
Our Successors-in-Interest. Our agreement shall inure to the benefit of any of Our successors-in-interest. You agree that We may transfer any and all data that You have submitted to Us or that We have collected from You to our successors-in-interest without notice. Our successors-in-interest shall be subject to Our Privacy Policy.
Any charges for using Our Digital Photo/Video files are set forth at the point of payment for the services.
