TERMS AND CONDITIONS
The following terms and conditions constitute the legal agreement that governs your use of this website including the products and services available herein. The term website means all applications to access our material, including computers, mobile browsers, mobile and tablet applications, apps, printed publications, social media venues, etc.). If you do not agree to the terms and conditions set forth herein, please do not go any further with us.
OWNERSHIP OF CONTENT
SpectacularPhotography.com is owned and operated by the Spectacular Photography (also referred to herein as: we, our, and us) with principal address at Box 93613, Pasadena, CA 91109-3613. All content on this website and in our photographs is owned by Spectacular Photography or our photographer(s), or content suppliers (See THIRD PARTY SERVICES below).
CONDITIONS OF USE
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your continued use of this website indicates your continued acceptance of these terms and conditions, which we may update and change from time to time without notice.
PERSONAL AND COMMERCIAL USE IS STRICTED PROHIBITED.
Unless you have paid for content on this website, you do not have any rights to download or use them in any manner whatsoever. This content includes written words, stories, the books, chapters in the books, photography, etc. Please understand we are in the business of selling content and we consider our content extremely valuable and will protect it vigorously. At the same time, this content, specifically books and photography, are available for personal use purchase on our website. If you have an interest in commercial use of our photography or book content, please contact us as we sell commercial use of our content as well.
EDITORIAL AND SOCIAL MEDIA USE IS CONDITIONALLY GRANTED.
We encourage you to use our content for editorial and social media use as long as you give us credit, which means including the website address SpectacularPhotography.com along with “Photography by Michael Higgins” (for photographs).
COPYRIGHT AND TRADEMARK NOTICE
Copyright ©1994-2022 Michael Higgins and Spectacular Photography. All rights reserved. This website and any content appearing in it (including text, images, photographs, software, concepts, audios, videos, etc.) may not be used, downloaded, displayed, reproduced, published, broadcasted, transmitted, sold, given, or distributed in any manner whatsoever without our prior expressed written permission. The photographs on this website are protected under copyright laws in the United States and all international conventions. The photography is the sole and complete property of Michael Higgins. Any illegal copying or usage of photographs will be prosecuted to the full extent of the law. Spectacular Photography and other terms used in this website are trademarks or service marks owned or controlled by us. You may not use any of these marks, trademarks or service marks, logos or other identifiers without our prior written authorization.
Our website and photographs have a lot to do with alcohol and travel and you hereby express that you are of the legal and appropriate age in your country to be accessing information about travel and alcohol. In the United States, you must be 21 years old to purchase or consume alcohol, and 18 years old to purchase travel reservations. Each country has its own laws. If you are not of legal age, not of appropriate age, or cannot be responsible with the use of travel or alcohol, then you must stop now and not go any further with us, or our suppliers.
EDITING AND DISCLOSURE OF USER MATERIAL
We reserves the right, but do not have an obligation, to review all materials posted to our website by users (like you), and we are not responsible for any such materials posted by users. We do reserve the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable.
RIGHTS TO MATERIALS PROVIDED BY USERS
By posting messages, posting photographs, uploading files, inputting data or engaging in any form of communication (individually or collectively “Communications”) to the our website, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by us of any material or idea submitted by you in any Communications. You waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that we are under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and we are not responsible for maintaining any Communications, and we may delete at any time, any of your Communications.
NO RESPONSIBILITY FOR TRANSMITTED MATERIAL
You acknowledge that material transmitted to and from our website are not confidential, that you have the rights to the content of the Communications, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to us or our website, no confidential, fiduciary, contractually implied or other relationship is created between you and us. We shall not be responsible for the payment of any monies to any party in connection with our use of Communications submitted by you to us or our website.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information: 1. A clear identification of the copyrighted work you claim was infringed. 2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. 3. Proof of the validity of the copyright, such as an official document showing copyright ownership. 4. Your contact information so that we can reply to your complaint, including telephone number, physical and email addresses. 5. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized.” 6. A statement that “the information in the notification is accurate, and under penalty of perjury, you are the owner (or agent authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed.” 7. The notice must be signed by the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed. We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement. Send notice to Spectacular Photography, attention copyright agent, at Info@ SpectacularPhotography.com.
LINKS TO OTHER WEBSITES
Our website contains links and pointers and sometimes may frame other websites, resources and sponsors of our website. Links from our website to other websites maintained by third parties and the framing of third-party websites do not constitute an endorsement by us of such third-party resources or their contents. Links and frames also do not imply that we recommend, certify or endorse the third-party websites, or that any such website is authorized to use any trademark, tradename or logo of ours. You should direct any concerns regarding any external link to its website administrator or webmaster. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of our website.
THIRD PARTY SERVICES
You may order services or merchandise through our website from other persons or companies, such as travel bookings, wine purchases, product purchases, etc. These are third party sellers (“Sellers”), and all issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, quality, etc. are solely between you and the Seller. You will not consider us, nor will we be deemed, a party to such transactions (whether or not we may have received some form of revenue or other compensation in connection with the transaction) or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. WE MAKE NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH OUR WEBSITE OR PUBLICATIONS, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR WEBSITE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK.
Our content and activities have a lot to do with travel and you hereby understand that we do not promise any results whatsoever from any information or advice you receive from us. Everything you choose to do, you chose to do at your own risk, and you agree we are not responsible for the outcome, nor your safety. This includes working with any third-party travel booking and service providers. Any issues or problems you have with third party travel booking and service providers you agree to take up with them exclusively, and you agree that we are not liable in any manner whatsoever for any third-party travel booking and service providers.
If you have us help you create an itinerary or if you join us on any of our travel trips, or we join you on one of your trips, you agree that anything we provide is only on a best effort basis, with no guarantees whatsoever, and that you fully understand that travel plans and itineraries can change and that we are not responsible for any such changes or losses you may incur. You also agree that you take full responsibility for all hotels, airlines, rental cars, restaurants, activities, events, etc., even if we advised you or were part of the booking. We highly encourage you to purchase travel insurance.
In any and all cases, you agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any travel booking or service provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a travel service provider, you agree that your sole recourse shall be toward such service provider and not toward us.
You agree to indemnify and hold us (including our officers, directors, owners, agents, authors, photographers, employees, information providers, affiliates, licensors and licensees) harmless against any direct or indirect damages, losses, liabilities, obligations, costs, claims, claims of any kind, interest, penalties, legal proceedings and expenses (including, without limitation, reasonable attorneys’ fees and expenses) actually paid, suffered or incurred by us as a result of any action or inaction you take as a result of our website or publications. In the event of a third-party claim, you agree to act in good faith and to use reasonable efforts to consult, cooperate and assist in the defense and/or settlement of such claim.
WAIVER OF CONSEQUENTIAL DAMAGES
In no event shall we be liable to you for any consequential damages as a result of your using our website, publications, products sold, or the use of suppliers’ services or products found on our website… including any direct, indirect, special, punitive, incidental or consequential damages or losses whether such damages are (alleged as) a result of a breach of contract, tort or otherwise. All such damages and losses are hereby expressly waived and disclaimed.
DISCLAIMER OF WARRANTEES AND DAMAGES; LIMITATION OF LIABILITY
Our Website (Including All Content, Functions And Information Made Available On Or Accessed Through The Website) Are Provided “As Is.” We Make No Representation Or Warranties Of Any Kind Whatsoever For The Website; Or That The Website Or The Server That Makes It Available Is Free Of Viruses Or Other Harmful Components. We Make No Warranties And Shall Not Be Liable For The Use Of The Website, Including Without Limitation, The Content And Any Errors Contained Therein Under Any Direct Or Indirect Circumstances, Including But Not Limited, To Our Negligence.
In No Event Our Shall Making Available The Website, Publications And Its Contents Make Us Be Liable To Any Person Or Entity Whatsoever For Any Direct, Indirect, Incidental, Special, Exemplary, Compensatory, Consequential, Or Punitive Damages Or Any Damages Whatsoever… Including But Not Limited To: (I) Loss Of Goodwill, Profits, Business Interruption, Data Or Other Intangible Losses; (Ii) Your Inability To Use, Unauthorized Use Of, Performance Or Non-Performance Of The Website; (Iii) Unauthorized Access To Or Tampering With Your Personal Information Or Transmissions; (Iv) The Provision Or Failure To Provide Any Service; (V) Errors Or Inaccuracies Contained On The Website Or Any Information, Software, Products, Services, And Related Graphics Obtained Through The Website; (Vi) Any Transactions Entered Into Through This Website; (Vii) Any Property Damage Including Damage To Your Computer Or Computer System Caused By Viruses Or Other Harmful Components, During Or On Account Of Access To Or Use Of This Website Or Any Website To Which We Provide Hyperlinks; Or (Viii) Damages Otherwise Arising Out Of The Use Of The Website, Any Delay Or Inability To Use The Website, Or Any Information, Products, Or Services Obtained Through The Website. The Limitations Of Liability Shall Apply Regardless Of The Form Of Action, Whether Based On Contract, Tort, Negligence, Strict Liability Or Otherwise, Even If We Have Been Advised Of The Possibility Of Damages.
Further, The Travel Service Providers Are Independent Contractors And Not Our Agents Or Employees. We Do Not Assume Liability For Any Injury, Damage, Death, Loss, Accident Or Delay Due To An Act Or Omission Of A Travel Service Provider, Including, Without Limitation, An Act Of Negligence Or The Default Of A Travel Service Provider, Or An Act Of God. Further, No Responsibilities Are Accepted For Any Damage And/Or Delay Due To Sickness, Pilferage, Labor Disputes, Bankruptcy, Machinery Breakdown, Quarantine, Government Restraints, Weather, Terrorism Or Other Causes. No Responsibility Is Accepted For Any Additional Expense, Omissions, Delays, Failure To Make Connections, Re-Routing Or Acts Of Any Governmental Authority.
Under No Circumstances Shall We Be Liable For Any Special Or Consequential Damages That Are Directly Or Indirectly Related To The Use Of, Or The Inability To Use, The Content, Materials And Functions In The Website Or Publications, Even If We Have Been Advised Of The Possibility Of Such Damages. In No Event Shall Our Total Liability To You For All Damages, Losses, And Causes Of Action (Whether In Contract Or Tort, Including, But Not Limited To, Negligence Or Otherwise) Exceed $100.00.
These terms and conditions constitute the entire agreement between us and shall be governed and construed in accordance with the laws of the state of California. Any cause of action you may have with us must commence within one year of the date the problem initially occurred. You first must notify us of any claim, in writing, with receipt of our receiving your notice. If such claim is not resolved between us, then the matter will be decided by small claims court or binding arbitration. The place of any arbitration or court hearing shall be Los Angeles County, California, USA. Any proceedings shall include full discovery opportunities for the parties. Nothing in this clause shall prevent a party from seeking, in any court of competent jurisdiction, any equitable relief pending settlement of any final decision. If for any reason any provision, or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent, and the remainder of these terms and conditions shall continue in full force and effect. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BY BIDING ARBITRATION IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, COUNTRY OF THE UNITED STATES OF AMERICA.
CHANGES TO THE TERMS AND CONDITIONS
We reserves the right, at our sole discretion, to change, modify, add or remove any portion of the terms and conditions, in whole or in part, at any time, and without any notice to you. Changes will be effective when posted, and your continued use of the website after any changes are posted will be considered acceptance of those changes. We recommend that you review these terms and conditions periodically.
FOR ENTERTAINMENT PURPOSES ONLY
Please understand that what we do is for entertainment purposes only and we do not promise any results whatsoever. You agree that we are not responsible to you for any content, accuracy or errors, we are not responsible for any travel plans, wine purchases, quality of services, activities you engage in, or any problems or errors that you encounter as a result of our website or publications. You are solely responsible for any plans you make, activities you participate or products you purchase.
NOTICES AND CONTACTING US
Any and all notices, legal or not, must be sent to the following address with a proof of receipt. General inquiries and contact are at this same address
Box 93613, Pasadena, CA 91109-3613