1. ACCEPTANCE OF TERMS
The Legado Project welcomes you. The Legado Project is part of Jason Domingues Photography and provides the Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
By accessing and using the The Legado Project Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Legado Project Photographers owned or operated services, you and the Photographers shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. Legado Project Photographers may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF THE LEGADO PROJECT SERVICES
The Legado Project Photographer Directory is only a listing service to help pair clients with photographers. Each photographer is an independent business and therefore responsible for their services. It is recommended that you contact the photographer directly and perform due diligence prior to hiring. Jason Domingues Photography makes no guarantees of their performance, and is not responsible for their services.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
Unless explicitly stated otherwise, any new features that augment or enhance the current Legado Project Services, including the release of new Legado Project properties, shall be subject to the TOS.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Various countries may prohibit the hiring of foreign photographers and photography companies or not allow foreign photographers or photography companies entry into a particular country without proper authority. Your hiring of foreign photographers and photography companies is done entirely at your own risk.
4. INDEMNITY
You agree to indemnify and hold Jason Domingues Photography and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you use, submit, post, transmit, modify or otherwise make available through the Legado Project Services, your use of the Legado Project Services, your connection to the Legado Project Services, your violation of the TOS, or your violation of any rights of another.
5. NO COMMERCIAL REUSE OF THE LEGADO PROJECT PHOTOGRAPHERS SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, The Legado Project Services (including content, trademarks, and advertisements).
6. MODIFICATIONS TO THE LEGADO PROJECT PHOTOGRAPHERS SERVICES
Jason Domingues Photography reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Legado Project Services (or any part thereof) with or without notice. You agree that Jason Domingues Photography shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Legado Project Services (or any part thereof).
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, photographers, advertisers, or any other third-party ("third parties") found on or through The Legado Project Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Jason Domingues Photography shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on The Legado Project Services.
8. LINKS
The Legado Project Services may provide, or third parties may provide, links to other online sites or resources. You acknowledge and agree that Jason Domingues Photography/The Legado Project 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 or other materials on or available from such sites or resources. You further acknowledge and agree that Jason Domingues Photography/The Legado Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE LEGADO PROJECT SERVICES ARE AT YOUR SOLE RISK. THE LEGADO PROJECT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JASON DOMINGUES PHOTOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. JASON DOMINGUES PHOTOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE LEGADO PROJECT SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE LEGADO PROJECT PHOTOGRAPHERS' SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEGADO PROJECT SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LEGADO PROJECT PHOTOGRAPHERS’ SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LEGADO PROJECT PHOTOGRAPHERS’ SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEGADO PROJECT PHOTOGRAPHERS OR THROUGH OR FROM THE LEGADO PROJECT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JASON DOMINGUES PHOTOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. TRADEMARK INFORMATION
You agree that all of The Legado Project Photographers' trademarks, trade names, service marks and other Legado Project Photographers' logos and brand features, and product and service names are trademarks and the property of The Legado Project. ("The Legado Project Marks"). Without Legado Project Photographers' prior permission, you agree not to display or use in any manner the Legado Project Marks.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Jason Domingues Photography/The Legado Project respects the intellectual property of others, and we ask our users to do the same. Jason Domingues Photography/The Legado Project may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Jason Domingues Photography Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. 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.
Jason Domingues Photography’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: allison@jasdondomingues.com
14. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Jason Domingues Photography/The Legado Project and governs your use of the Legado Project Services, superseding any prior version of this TOS between you and Jason Domingues Photography/The Legado Project with respect to the Legado Project Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Legado Project Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Jason Domingues Photography/The Legado Project each agree that the TOS and the relationship between the parties shall be governed by the laws of the state of Missouri without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Jason Domingues Photography/The Legado Project, shall be brought exclusively in the courts located in the state of Missouri or the U.S. District Court for the state of Missouri. You and Jason Domingues Photography/The Legado Project agree to submit to the personal jurisdiction of the courts located in the state of Missouri or the U.S. District Court for the state of Missouri, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Jason Domingues Photography/The Legado Project to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fearless Photographers Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.