TERMS AND CONDITIONS

Last updated January 01, 2022

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. USER GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. GUIDELINES FOR REVIEWS

9. MOBILE APPLICATION LICENSE

10. SUBMISSIONS

11. THIRD-PARTY WEBSITE AND CONTENT

12. SITE MANAGEMENT

13. PRIVACY POLICY

14. COPYRIGHT INFRINGEMENTS

15. TERM AND TERMINATION

16. MODIFICATIONS AND INTERRUPTIONS

17. GOVERNING LAW

18. DISPUTE RESOLUTION

19. CORRECTIONS

20. DISCLAIMER

21. LIMITATIONS OF LIABILITY

22. INDEMNIFICATION

23. USER DATA

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

25. CALIFORNIA USERS AND RESIDENTS

26. MISCELLANEOUS

27. CONTACT US

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 Blue Ventures ("Company," “we," “us," or “our”), concerning your access to and

use of the http://www.bluevphotography.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”). We are

registered in Kentucky, United States and have our registered office at Main St , Lexington , KY 40509. You

agree that by accessing the Site, you have read, understood, and agreed 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. Please ensure that you check the applicable Terms every time you use our Site so that you

understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to

have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such

revised Terms of Use are posted.

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.), so 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).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to

use or register for the Site.

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

By using the Site, you represent and warrant that: (1) all registration information you submit will be true,

accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update

such registration information as necessary; (3) you have the legal capacity and you agree to comply with these

Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site

through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the

Site for any illegal or unauthorized purpose; and (7) 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

You may be required to register with the Site. 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, especially in any attempt to learn sensitive account

information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features

that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site

and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order 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 (or attempt to upload or to transmit) viruses, Trojan horses, or other material,

including excessive use of capital letters and spamming (continuous posting of repetitive text), that

interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Engage in any automated use of the system, such as using scripts to send comments or messages, or

using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active

information collection or transmission mechanism, including without limitation, clear graphics interchange

formats (“gifs”), 1Å~1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to

the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion

of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any

portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other

code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the

software comprising or in any way making up a part of the Site.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop,

or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper,

or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

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 of users

by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by

automated means or under false pretenses.

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 or commercial enterprise.

Use the Site to advertise or offer to sell goods and services.

Sell or otherwise transfer your profile.

6. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other

functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform,

publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material

(collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party

websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading,

or copying of your Contributions do not and will not infringe the proprietary rights, including but not

limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and

permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in

any manner contemplated by the Site and these Terms of Use.

You have the written consent, release, and/or permission of each and every identifiable individual person

in your Contributions to use the name or likeness of each and every such identifiable individual person to

enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms

of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid

schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or

otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other

person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended

to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin,

gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms

of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other

things, termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant

that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,

transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell,

resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,

transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your

image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or

incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use

and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our

use of your name, company name, and franchise name, as applicable, and any of the trademarks, service

marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in

your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions

and any intellectual property rights or other proprietary rights associated with your Contributions. We are not

liable for any statements or representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and

all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any

Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site;

and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no

obligation to monitor 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: (1) you should have firsthand experience with the person/entity being reviewed; (2)

your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your

reviews should not contain discriminatory references based on religion, race, gender, national origin, age,

marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any

conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you

may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen

reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not

endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By

posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,

assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,

perform, and/or distribute all content relating to reviews.

9. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable,

limited right to install and use the mobile application on wireless electronic devices owned or controlled by you,

and to access and use the mobile application on such devices strictly in accordance with the terms and

conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as

permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or

decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or

derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with

your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice

of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any

revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple

devices or users at the same time; (7) use the application for creating a product, service, or software that is,

directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to

send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary

information or any of our interfaces or our other intellectual property in the design, development, manufacture,

licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google

Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is

limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android

operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App

Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with

respect to the mobile application as specified in the terms and conditions of this mobile application license

contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that

each App Distributor has no obligation whatsoever to furnish any maintenance and support services with

respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any

applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with

its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the

maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation

whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in

a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government

as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or

restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile

application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service

agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors

are third-party beneficiaries of the terms and conditions in this mobile application license contained in these

Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right)

to enforce the terms and conditions in this mobile application license contained in these Terms of Use against

you as a third-party beneficiary thereof.

10. SUBMISSIONS

You acknowledge and agree that 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, including all intellectual property rights, and shall be entitled to the

unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise,

without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions,

and you hereby warrant that any such Submissions are original with you or that you have the right to submit

such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or

misappropriation of any proprietary right in your Submissions.

11. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well

as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,

software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such

Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,

appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed

through the Site or any Third-Party Content posted on, available through, or installed from the Site, including

the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in

the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation

of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content,

you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review

the applicable terms and policies, including privacy and data gathering practices, of any website to which you

navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make

through Third-Party Websites will be through other websites and from other companies, and we take no

responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable

third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party

Websites and you shall hold us harmless from any harm caused by your purchase of such products or

services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you

relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take

appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,

including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically

feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,

notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or

are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to

protect our rights and property and to facilitate the proper functioning of the Site.

13. 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, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United

States. If you access the Site from any other region of the world with laws or other requirements governing

personal data collection, use, or disclosure that differ from applicable laws in the United States, then through

your continued use of the Site, you are transferring your data to the United States, and you agree to have your

data transferred to and processed in the United States.

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the

Site infringes upon any copyright you own or control, please immediately notify us using the contact information

provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the

material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable

for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material

located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

15. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY

OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO

REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,

OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR

ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT

WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new

account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting

on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. 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. However, we have no obligation to update any information on our Site. We also

reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable

to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other

problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We

reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or

for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or

inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the

Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to

supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the

Commonwealth of Kentucky applicable to agreements made and to be entirely performed within the

Commonwealth of Kentucky, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use

(each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and

collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal

negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes

expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU

UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT

AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial

Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s

Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are

available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation

shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The

arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by

either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to

do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take

place in Fayette, Kentucky. Except as otherwise provided herein, the Parties may litigate in court to compel

arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award

entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or

prosecuted in the state and federal courts located in Fayette, Kentucky, and the Parties hereby consent to, and

waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the

International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from

these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than

one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then

neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed

for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full

extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or

authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of

the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal

negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity

of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of

theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is

found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that

portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of

competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

19. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including

descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,

inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

20. 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, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO

WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S

CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO

LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT

AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO

OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE

WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY

ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY

KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR

ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD

PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE

APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY

TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND

ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR

BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

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, LOST REVENUE, LOSS OF DATA, OR OTHER

DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED

HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM

OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO

US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN

US STATE LAWS AND INTERNATIONAL 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.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our

respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your

representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party,

including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the

Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your

expense, to assume the exclusive defense and control of any matter for which you are required to indemnify

us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable

efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon

becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the

Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you

are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the

Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby

waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You

consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and

other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement

that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,

CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,

POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in

any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to

payments or the granting of credits by any means other than electronic means.

25. 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 in writing at 1625 North

Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site

constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any

right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of

Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to

others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by

any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is

determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable

from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There

is no joint venture, partnership, employment or agency relationship created between you and us as a result of

these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by

virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic

form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

27. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site,

please contact us at:

Blue Ventures

Main St

Lexington , KY 40509

United States

Phone: 8595368512

blueventuresphotography@gmail.com

PRIVACY NOTICE

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. DO WE COLLECT INFORMATION FROM MINORS?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

 

 

 

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the express an interest

in obtaining information about us or our products and Services, when you participate in activities on the (such

as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise

when you contact us.

The personal information that we collect depends on the context of your interactions with us and the , the

choices you make and the products and features you use. The personal information we collect may include the

following:

All personal information that you provide to us must be true, complete and accurate, and you must notify us of

any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device

characteristics — is collected automatically when you visit our .

We automatically collect certain information when you visit, use or navigate the . This information does not

reveal your specific identity (like your name or contact information) but may include device and usage

information, such as your IP address, browser and device characteristics, operating system, language

preferences, referring URLs, device name, country, location, information about how and when you use our and

other technical information. This information is primarily needed to maintain the security and operation of our ,

and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to

protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

More specifically, we may need to process your data or share your personal information in the following

situations:

Business Transfers. We may share or transfer your information in connection with, or during

negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our

business to another company.

Affiliates. We may share your information with our affiliates, in which case we will require those affiliates

to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture

partners or other companies that we control or that are under common control with us.

Business Partners. We may share your information with our business partners to offer you certain

products, services or promotions.

Other Users. When you share personal information or otherwise interact with public areas of the , such

personal information may be viewed by all users and may be publicly made available outside the in

perpetuity. If you interact with other users of our and register for our through a social network (such as

Facebook), your contacts on the social network will see your name, profile photo, and descriptions of

your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you

within our , and view your profile.

3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store

information. Specific information about how we use such technologies and how you can refuse certain cookies

is set out in our Cookie Notice.

4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our services using a social media account, we may have access

to certain information about you.

Our offers you the ability to register and login using your third-party social media account details (like your

Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you

from your social media provider. The profile information we receive may vary depending on the social media

provider concerned, but will often include your name, email address, friends list, profile picture as well as other

information you choose to make public on such social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are

otherwise made clear to you on the relevant . Please note that we do not control, and are not responsible for,

other uses of your personal information by your third-party social media provider. We recommend that you

review their privacy notice to understand how they collect, use and share your personal information, and how

you can set your privacy preferences on their sites and apps.

5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in. If you are accessing our from outside, please be aware that your information may

be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may

share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above),

in and other countries.

If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may

not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We

will however take all necessary measures to protect your personal information in accordance with this privacy

notice and applicable law.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy

notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this

privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other

legal requirements). No purpose in this notice will require us keeping your personal information for longer than

__________.

When we have no ongoing legitimate business need to process your personal information, we will either delete

or anonymize such information, or, if this is not possible (for example, because your personal information has

been stored in backup archives), then we will securely store your personal information and isolate it from any

further processing until deletion is possible.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the , you represent

that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor

dependent’s use of the . If we learn that personal information from users less than 18 years of age has been

collected, we will deactivate the account and take reasonable measures to promptly delete such data from our

records. If you become aware of any data we may have collected from children under age 18, please contact

us at __________.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information,

you also have the right to complain to your local data protection supervisory authority. You can find their contact

details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here:

https://www.edoeb.admin.ch/edoeb/en/home.html.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you

can:

Upon your request to terminate your account, we will deactivate or delete your account and information from

our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot

problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal

requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on

the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will

then be removed from the marketing email list — however, we may still communicate with you, for example to

send you service-related emails that are necessary for the administration and use of your account, to respond

to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track

("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online

browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and

implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or

any other mechanism that automatically communicates your choice not to be tracked online. If a standard for

online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised

version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your

personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are

California residents to request and obtain from us, once a year and free of charge, information about categories

of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and

addresses of all third parties with which we shared personal information in the immediately preceding calendar

year. If you are a California resident and would like to make such a request, please submit your request in

writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with , you have the right to

request removal of unwanted data that you publicly post on the . To request removal of such data, please

contact us using the contact information provided below, and include the email address associated with your

account and a statement that you reside in California. We will make sure the data is not publicly displayed on

the , but please be aware that the data may not be completely or comprehensively removed from all our

systems (e.g. backups, etc.).

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated

"Revised" date and the updated version will be effective as soon as it is accessible. If we make material

changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by

directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of

how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us.

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT

FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal

information we collect from you, change that information, or delete it in some circumstances. To request to

review, update, or delete your personal information, please send us an email.