Terms of Use


Effective date: February 1, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using https://urbaneaperture.com (“the Service”) operated by Urbane Aperture LLC (“Urbane Aperture,” “us,” “we,” or “our”). A limited-liability company.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

These Terms of Use govern your use of this Site. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use govern as precedent.

Table of Contents

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Booking, Purchases, Products, & Service

If you wish to purchase or use any product or service made available through the Service, you may be asked to supply certain information relevant to your needs including: First and last name, Email, Phone Number, and Credit Card Information.

This website and all purchases or deposits are handled securely through SSL. Unless denoted otherwise, our payment processor is Stripe with terms and conditions listed per collection/package.

Booking Fee (Deposit). The Booking Fee secures the time for use of the Service and is non-refundable or transferable in the event of cancellation, it is the agreed upon amount categorized as loss suffered by the Photographer due to cancellation. Weddings, portraits, or events that must be postponed to a later date will retain the deposit as long as the Photographer can re-schedule for the new date and time, but may be subject to a further deposit. Payment schedule following the deposit of the booking fee will be agreed upon by both parties. The balance of payments must be paid on, or before the wedding, portrait, or event date. Proofs/photographs will not be delivered unless payments due have been paid in full (or contractual obligations have been met). Payments for additional services/albums are due upon the ordering of those items.

Client & Model Release. By entering into an agreement and using the Service, The Photographer may display any photographs captured in his studio, portfolio, literature, display areas exhibitions, competitions, advertising, slide shows, and websites unless otherwise agreed upon in by the parties involved via contract. For photography taken under the Aperture Collection, this Terms of Use and booking through calendar service formally serves as “Model Release.” Whereas for valuable consideration hereby acknowledged as received, the Model granted the Photographer permission to photograph him/her and thereafter to use the photographs in whole or in part without restriction anywhere, in any medium, for any purpose and altered in any way. The Model releases the Photographer from all claims of liability and financial compensation relating to the use of the photographs. The Model agrees he/she has no right to sell, license or publish any of the Pictures to any person or entity. This permission and release shall be irrevocable and binding upon the Model’s successors, legal representatives and assigns and shall accrue to the benefit of the Photographer’s successors, legal representatives and assigns.

Ownership of this Site and Its Content

This Site, including all its Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Urbane Aperture or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, non-commercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

The Urbane Aperture name and logos (including, without limitation, the INKPixels name and logo), all product and service names and derivatives, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Urbane Aperture and/or its affiliates (the “the Urbane Aperture Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Urbane Aperture Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without their prior written permission of such owners. The use or misuse of the Urbane Aperture Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Links to Other Websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Urbane Aperture 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Disclaimers

We make no representations or warranties with respect to this site or its content, or any product or service available on or promoted through this site. This site and all of its content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Urbane Aperture, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site. Without limiting the generality of the foregoing, urbane aperture, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this site; (c) that the content of this site is accurate, complete or current; or (d) that this site will operate securely or without interruption or error.

We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of any harmful components (including viruses).

Urbane Aperture does not endorse and is not responsible for statements, advice, and opinions made by anyone other than authorized Urbane Aperture spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in the INKPixels blog and such statements, advice, and opinions do not in any way reflect the statements, advice and opinions of Urbane Aperture. We do not make any representations or warranties against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. You accept that our owners, officers, directors, employees and other representatives shall have the benefit of this clause.

Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.

Limitation of Liability

To the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Urbane Aperture of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Minneapolis, County of Hennepin, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold Urbane Aperture, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. Urbane Aperture reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Urbane Aperture with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Urbane Aperture with respect to this Site and your use of this Site.

Contact Information

If you have any questions about this Site or these Terms of Use, please contact us using the following information:

Profit Idowu
P.O. Box 583512
Minneapolis, Minnesota 55458
Email: urbaneaperture@gmail.com