Justa Jeskova Photography Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU (“USER”) AND JUSTA JESKOVA PHOTOGRAPHY (“The Company”), PLEASE READ ALL OF THE FOLLOWING TERMS.
Ownership of the Website: www.justajeskova.com
This website is owned and operated by Ivana Jeskova, operating as Justa Jeskova Photography, a company registered in Canada. All aspects of the site, including the content and design are protected by copyright. These images are protected by Canadian, United States and other international copyright laws.
Justa Jeskova Photography may revise and update these Terms and Conditions at anytime and without notice. You are cautioned to review the Terms and Conditions posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.
Use of this website
You may access and use this website solely for your personal, noncommercial use. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of this website. While using this website, you agree not to:
Remove any copyright, trademark or other proprietary rights notices displayed on any portion of this website.
Abuse, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights.
Impersonate any person or entity or use any fraudulent, misleading or incorrect email address or other contact information;
Restrict or inhibit any other user from using the website, including, without limitation, using mechanisms, software or other scripts capable of disrupting the function of this website; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of this website.
Violate any applicable laws or regulations;
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of this website;
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights we may immediately terminate your access to and use of this website. You have the option to create an account to assist you in placing orders. You also can order and checkout as a guest without creating an account. But if you choose to do so, then you won't enjoy the benefits of having an account, which include the easy ability to track the status of orders and to save time when placing new orders. The choice is yours. If you do choose to create an account, please keep your username and password confidential; you are responsible for any access to your account using your username and password. We reserve the right to cancel or reject any account or any order at any time in our discretion.
Third-Party Sites, Software and Services
This website may direct you or link to sites, software or services owned or operated by third parties. You are responsible for any business you choose to conduct with any other party. We encourage you to read the terms of service, privacy policy, and any other similar documents relating to any third-party site or service.
Justa Jeskova Photography has the right to block links to this site without prior notice at any time and in our sole discretion.
Justa Jeskova Photography (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Justa Jeskova Photography subject to your agreement with the applicable third-party platform. Justa Jeskova Photography will use of all such information shall at all times conform to this Terms and Conditions, Privacy Policy, and applicable law.
Justa Jeskova Photography will use and protect your personal information, such as your name and address, in accordance with Justa Jeskova Photography Privacy Policy, the contents of which are incorporated by reference into these Terms and Conditions.
General use of Content
“Image(s)” means photographs, vectors, drawings, and the like available for purchase from Justa Jeskova Photography website.
The photographs, images, illustrations, fonts, graphics and any other such digital material featured on this website are collectively referred to as "content". The content is available on this website for you to review in order for you to determine their viability for using, reproducing, transmitting or displaying under a license from Justa Jeskova Photography. You must obtain a license from Justa Jeskova Photography before you can reproduce, display, transmit, distribute or otherwise exploit content, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of content.
The following Terms of Service constitutes an agreement between USER and Justa Jeskova Photography setting forth the rights and obligations with respect to any Contact licensed by you. By agreeing to the Terms of Service, you agree that these terms control your rights and obligations with respect to all Content license set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these Terms of Service when you purchase any Content.
General Restrictions on use of content
The following uses are prohibited: Use of Content beyond the terms of the limited license agreement without first obtaining additional license(s), including but not limited to any electronic reproduction or additional promotional rights.
You may not remove any watermarks or copyright notices contained in the Justa Jeskova Photography.
Create any derivative use of any Content unless indicated on the invoice.
Sublicense, re-license, rent or lease any of the Content.
Portray any person depicted in Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libellous, obscene, or illegal.
Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Content to be distributed to or used by anyone other than the authorized users, without prior written consent from THE COMPANY.
Use of any Content in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
Use of the Content to promote a business that sells or licenses photographic images, or otherwise competes with Justa Jeskova Photography in any manner.
Ship, transfer or export any of the Content into any country or use any of the Content in any manner prohibited by any export laws, restrictions or regulations.
Use Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content.
You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND JUSTA JESKOVA PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
While Justa Jeskova Photography uses reasonable efforts to ensure the accuracy of all Content, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content. In addition, Justa Jeskova Photography is unable to make representations or warranties as to the functionality of this website, whether it is free of errors, and whether the server hosting the website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this website is at your own risk. Justa Jeskova Photography, and its officers, directors, employees, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the Content.
Sensitive use Disclaimer
USER may not use the Content in any manner that would be deemed offensive to the model. Offensive uses include but are not limited to the use of an Content that involves or implies illegal activities, medical conditions or procedures, other health and mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, teen pregnancy, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence.
If any Content featuring a model is used in (1) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (2) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a conspicuous statement that indicates that the “person so pictured is a model and the Content is used for illustrative purposes only”.
Indemnification
In the event that you reproduce, display, transmit, distribute or otherwise exploit Content, or any portion thereof, without a license from Justa Jeskova Photography to do so, or if you otherwise infringe any intellectual property rights relating to Content and to this website, you agree to indemnify and hold Justa Jeskova Photography, it’s affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the Content and/or your breach of this terms of this Agreement.
General Disclaimers
Justa Jeskova Photography GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. While Justa Jeskova Photography makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Content, Justa Jeskova Photography MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY KEYWORD, TITLES OR DESCRIPTIONS. For the sake of clarity, Justa Jeskova Photography will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Content designated Editorial Use Only.
DIGITAL FILES ARE PROVIDED "AS IS." Justa Jeskova Photography MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Justa Jeskova Photography OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND Justa Jeskova Photography SHALL BE THE FEE PAID FOR THE IMAGE TO Justa Jeskova Photography.
Unauthorized use and Retroactive License Fee
Any use of Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Justa Jeskova Photography to exercise all rights and remedies available to it under copyright laws around the world. USER shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Justa Jeskova Photography other remedies under this Agreement, Justa Jeskova Photography reserves the right to charge and USER agrees to pay a fee equal to ten times Justa Jeskova Photography. normal license fee for use of the Content .
Privacy Policies
While you will be asked to provide certain information about yourself in connection with purchasing our images, we will only use this information to complete the order for you. We may also send you by email or otherwise information about new products, services or other promotions which may be of interest to you. If you do not wish to receive this information, you may either modify your registration or account profile or contact us at mail@justajeskova.com Justa Jeskova Photography does not share any information you provide us with anyone other than Justa Jeskova Photography affiliates and as may be necessary for payment processing. You can check our Privacy Policy for full details.
Termination
Justa Jeskova Photography reserves the right to terminate any license issued by it without notice if you or your employer fails to comply with any provision of this agreement or any license agreement issued by Justa Jeskova Photography . Upon termination, you and your employer must immediately stop using the Content, delete the Content and all copies from all magnetic media and destroy all other copies. Justa Jeskova Photography reserves the right to discontinue the use of any Content for any reason and elect to replace the Content with an alternate Image. Upon notice of any discontinuance of the use of a particular Content, you, your employer and your client, if applicable, agree not to use the Content in the future.
Pricing
Pricing is subject to change, without notice and customer must review pricing regularly to ensure they are kept up to date. Justa Jeskova Photography reserves the right to make adjustments due to changing market conditions, errors in advertisements and other extenuating circumstances.
Other Terms
We are available by email at mail@justajeskova.com to address any concerns you may have regarding our products or services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. This Agreement and any dispute arising from or in relation to this Agreement shall be governed by, construed, interpreted and enforced in accordance with the laws of the Province of British Columbia and the applicable laws of Canada ( excluding the application of its conflicts of law rulers), and the parties submit to the non-exclusive jurisdiction of the Superior Court of Justice in the Province of British Columbia or the Federal Court of Canada, for the purpose of all legal actions arising out of or relating to this Agreement;
except in the case of copyright infringements that occur in the United States, this Agreement will be governed by, construed, interpreted and enforced in accordance with U.S. federal law ( Excluding the application of its conflicts of law rules), and the parties unconditionally agree that any action relating to copyright infringement in the United States will be filled in the applicable U.S. Federal District Court.
If Justa Jeskova Photography is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by USER.
No Assignment: This agreement is not assignable or transferable on the part of the USER.
Entire Agreement
This Agreement and the Invoice contains all the terms of the agreement between Justa Jeskova Photography and USER and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by USER, the terms of this Agreement shall be deemed to take precedence.