Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (such sections may be void, inapplicable, and unenforceable within the State of New Jersey). BY USING THIS PROPERTY, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THEM, THEN DO NOT USE THIS PROPERTY. PLEASE PRINT OR SAVE A COPY OF THESE TERMS OF USE FOR FUTURE REFERENCE.

 

Introduction

Bowen Photography, Inc. and its corporate affiliates (either individually or collectively, “BPI Photography,” “we,” “our,” or “us”) are your most trusted partners in celebrating moments that matter. These terms, together with any documents they expressly incorporate by reference (collectively, the “Terms”) govern your access to and use of bpiphotography.com and our other websites, including any interactive services offered on or through them such as SmugMug, as well as any other applications, widgets, services, and interactive properties on which these Terms appear (each of the foregoing, a “Property”). These Terms apply whether you access a Property as a guest or as a registered user. For the avoidance of doubt, references to a “Property” in these Terms shall also include any interactive services offered on or through that Property or through the top-level domain for that Property. Additional terms and conditions applicable to specific areas of the Property or to particular content or transactions may also be posted in particular areas of this Property, and together with these Terms govern your use of those areas, content or transactions.

You agree that all information and User Content you provide to us through this Property is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Eligibility Requirements

This Property is not directed to children under the age of 13, and it is our policy not to collect personal information on any person under the age of 13. By using this Property, you represent and warrant that you are at least 13 years old. If you are under 18 years old, you must obtain your parents’ consent before creating an account in connection with the purchase of a product through this Property, or registering through this Property for any BPI Photography events not held in school.

You may not access this Property, or purchase products or submit orders through this Property, if you are a foreign national of a country subject to a U.S. trade embargo or sanctions program covering the products offered through this Property or are on any restricted parties lists maintained by a US or foreign government including without limitation the Denied Parties List, Specially Designated Nationals List, Unverified List or Entity List. If you use this Property from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to User Content and any other information, materials, or products you obtain through the Property.

If you order or purchase products through this Property, you represent and warrant that you are 13 or older, that you are of legal age to form a binding contract with us, and that you meet all of the eligibility requirements above. If you cannot provide this representation and warranty to us, you must not access or use this Property.

 

Changes to these Terms

We may update these Terms from time to time. Changes to these Terms will become effective when posted and will apply to all access and use of this Property as of the effective date. We will make an updated version of these Terms accessible through the Property with a revised effective date, to let you know that we updated them. You should check this page from time to time so you are aware of any changes, as they are binding on you.

 

Availability

Our goal is for our Properties to be available 24 hours a day, 7 days a week. However, there will be occasions when access to this Property will be interrupted for maintenance, upgrades, or other reasons, including reasons beyond our control. The features of, and content accessible through, this Property may be changed, suspended, retired, interrupted, or otherwise modified at any time without notice. We are not liable if for any reason all or any part of this Property or any User Content is unavailable at any time or for any period. We make no representation that this Property is appropriate for use, or will be available for use, in all geographic locations.

 

Prohibited Uses

You may use this Property only for lawful purposes and in accordance with these Terms. You understand that this Property is available for your personal, non-commercial use only. Any other use is strictly prohibited.

 

You agree not to use this Property:

In any way that violates any applicable federal, state, local or international law, rules or regulations (including, without limitation, laws relating to the sending of advertising or promotional material or commercial electronic messages such as but not limited to “junk mail,” “spam,” “chain letters,” or any similar solicitations);

To attempt to access any User Content that is not intended for you, or to manipulate, alter, change or modify any User Content not provided by you;

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content asking for personally identifiable information, posting content that violates child pornography, sexual exploitation or similar laws, or otherwise;

In any manner that might interfere with, abuse or otherwise violate the legal rights of any third parties;

In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Property, including their ability to engage in real time activities, or otherwise cause damage to the Property or User Content;

To collect, intercept or harvest screen names, or collect, intercept or store personal data about other users;

To provide access to the Property to someone who is not authorized or allowed to access it;

To upload, post, e-mail, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable at our sole discretion or is otherwise not appropriate for families;

To upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit or communicate or which infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party; or

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Property, or which, as determined by us, may harm us, our corporate affiliates, or other users of this Property, or otherwise expose any of them to liability.

 

Additionally, you agree not to:

Use any robot, spider or other automatic device, process or means to access the Property for any purpose, including monitoring or copying any of the material or User Content on the Property;

Use any manual process to monitor or copy any of the material or User Content on the Property or for any other unauthorized purpose, without our express prior written consent;

Reproduce, publicly display, modify, transmit, publish, transfer, or distribute User Content in any manner other than as expressly permitted by these Terms;

Use any device, software or routine that interferes with the proper working of the Property;

Violate or attempt to violate the security of this Property, including without limitation (a) accessing data that is not intended for your use, (b) logging on to a server or account that you are not authorized to access, (c) probing, scanning or testing the vulnerability of any system or network related in any way to this Property without proper authorization, (d) breaching security or authentication measures without proper authorization, or (e) otherwise gain or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Property, the server on which the Property is located, or any server, computer or database connected to the Property;

Introduce to the Property any viruses, Trojan horses, worms, logic bombs or other computer code, files, programs or material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or which is otherwise malicious or technologically harmful;

Otherwise attempt to interfere with the proper working of the Property.

Please note that, if you are a student, inappropriate conduct on this Property, including without limitation the uploading of inappropriate images or other User Content, may subject you to disciplinary actions imposed by your school, and may also result in the revocation of your rights to use this Property. For collegiate users, please note that no photographs or any other images of student athletes who have current or remaining collegiate athletic eligibility should be used on this Property, or in any product submitted using this Property. Such use may cause a student athlete or a collegiate institution to violate the rules of the NCAA or a governing body of any intercollegiate athletic conference. The products you create using this Property are for personal use only and are not intended for resale.

 

User Content

This Property may allow you to post, submit, upload, share, publish, display or transmit to other users or persons (collectively, “post”) photographs, user profiles, personal information, audiovisual materials, questions, comments or other content (collectively, “User Content”) through interactive features. You are responsible for User Content you post. We do not want to receive confidential or proprietary information from you under any circumstances, and any User Content you provide to us or post will be considered non-confidential and non-proprietary. All User Content must comply with the User Content standards set forth in these Terms. You agree that the information that you provide to us will be true, accurate, appropriate, current and complete. You also agree that you are solely responsible for providing us with updates to any personal information you provide or post to us, including your e-mail address.

By posting User Content on or through a Property, and in order to enable us to display your User Content through this Property and to fulfill product orders, you grant us, our affiliates, our service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, royalty-free, irrevocable, perpetual, worldwide right to use, copy, create derivative works from, modify, perform, display, print, distribute, transmit, reproduce, edit, resize, reformat and display User Content in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, and to sublicense this right, to the maximum extent permitted by applicable law. This license shall survive and continue, even if you are no longer a user of this Property. If you provide us with any ideas, comments, suggestions, or other feedback related to our products, services or business, you grant us a perpetual, royalty-free, worldwide right to use it for any purpose related to our business without compensation to you.

 

User Content Standards

These content standards apply to any and all User Content and to your use of BPI Photography online services. User Content must comply with all applicable federal, state, local and international laws, rules and regulations. Without limiting the foregoing, by posting User Content (including images and video) or otherwise using a BPI Photography online service, you represent and warrant to us (a) that you control all rights in and to the User Content and have the right to grant the above license to User Content, (b) that you agree to waive all moral rights in the User Content and to assign to us the benefit of any waiver of moral rights you hold in it, and (c) that any identifiable person in the User Content has consented to the use and disclosure of the image for the purposes set forth in these Terms.

 

User content must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

Impersonate any person, misrepresent your identity or affiliation with any person or organization, be false or misleading, or be likely to deceive any person;

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

Promote any illegal activity, or advocate, promote or assist any unlawful act;

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

Give the impression that the User Content originates from or is endorsed by us or any other person or entity, if this is not the case.

Additionally, if you upload, share, or otherwise provide us with any student information through this Property, you expressly represent to us that you have obtained any parental consent required under applicable law prior to uploading such student information.

 

Monitoring Use of Content

We do not control User Content, and does not have any obligation to monitor, edit or screen User Content for any purpose. Although we prohibit certain activities in these Terms, we take no responsibility or liability for any User Content or other material you may encounter through the use of this Property. (This provision is void, inapplicable, and unenforceable within the State of New Jersey.)

Notwithstanding the foregoing, we reserve the right, and have the absolute discretion, to:

Remove or refuse to make available any User Content;

Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, such as but not limited to if we believe that such User Content violates these Terms (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Property or the public, or could create liability for us or our affiliates, partners, customers, or service providers;

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

Take appropriate legal action (including without limitation referral to law enforcement) of any illegal or unauthorized use of this Property;

Fully cooperate with law enforcement authorities or any legal, administrative, or judicial process, requirement or order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Property; and

Terminate or suspend your access to all or part of this Property for any violation of these Terms.

We cannot review all material before it is posted on this Property or Interactive service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Third Party Materials and Links

We may display, include or make available on this Property third-party content (including data, information, applications and other products services and/or materials) and/or links to third-party websites or services, including through third-party advertising (collectively, “Third Party Materials and Links”). Third Party Materials and Links are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms of use and privacy policies. Third Party Materials and Links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, its business, or its content. You acknowledge and agree that we are not responsible for Third Party Materials and Links, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume, and will not have any liability or responsibility to you or any other person or entity for, any Third Party Materials and Links. (This provision is void, inapplicable, and unenforceable within the State of New Jersey.)

 

Accounts and Security

You acknowledge that that no commerce solution, interactive service, website, app, database or system (including this Property) is completely secure or “hacker proof,” and we cannot anticipate all potential misuse of systems or data. If you post or supply any personal or other information or User Content through this Property, you agree that we will not be responsible for any third party’s unauthorized access to or use of such information or content.

From time to time, we may restrict access to some parts of this Property, and User Content, to persons with accounts or other access credentials. To access this Property, you may be asked to provide certain registration details or other information.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Property, or portions of it, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier (whether chosen by you or provided by us) and/or delete any account information or User Content held by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

Ownership and Copyright

Our Properties and their entire contents, features and functionality (including but not limited to all information, software, text, fonts, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BPI Photography, Inc. or its partners, affiliates, licencors, contributors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and treaties. We do not claim ownership rights in any image or other content you provide to us.

Any software that may be available for download via a Property is the copyrighted work of BPI Photography, Inc., its affiliates and/or their respective licencors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Except as otherwise set forth in these Terms, no right, title or interest in or to any Property or User Content is transferred to you, whether as a result of your access to or downloading of such User Content or otherwise. We reserve all rights in and to all User Content other than any digital images or other content that you own and post and/or upload through this Property.

If you believe that any User Content or other material on this Property violates your copyright, please see our Notice and Procedure for Making Claims of Copyright Infringement for instructions on sending us a notice of copyright infringement.

 

Trademarks

BPI Photography, the BPI Photography logo, and all related names, logos, product and service names, designs and slogans are trademarks of BPI Photography, Inc. or its affiliates or licencors. Nothing in these Terms grants any license to you to use our name or trademarks in any manner, and you must not use such marks without our express prior written permission. All other names, logos, product and service names, designs and slogans on this Property are the trademarks of their respective owners.

 

Disclaimer

The information presented on or through this Property is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Property, or by anyone who may be informed of any of its contents.

WE DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS PROPERTY, ANY USER CONTENT OR OTHER MATERIALS OBTAINED THROUGH THEM, OR ON ANY WEBSITE LINKED TO THEM.

THIS PROPERTY AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPI PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER BPI PHOTOGRAPHY NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS PROPERTY. WITHOUT LIMITING THE FOREGOING, BPI PHOTOGRAPHY DOES NOT WARRANT THAT THIS PROPERTY AND ANY CONTENT AND MATERIALS AVAILABLE ON OR THROUGH THEM WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, SECURE OR ERROR-FREE, THAT ANY ERRORS OR DEFECTS IN THEM WILL BE CORRECTED, THAT OUR PROPERTIES AND THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS PROPERTY AND ANY CONTENT AND MATERIALS AVAILABLE ON OR THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BPI PHOTOGRAPHY DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL OF THE CONTENT APPEARING ON THIS SITE IS LEGAL IN YOUR COUNTRY OR JURISDICTION, AND YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.

 

Limitation of Liability

YOUR USE OF THIS PROPERTY, USER CONTENT, AND ANY MATERIAL OBTAINED THROUGH THEM IS AT YOUR OWN RISK. NEITHER BPI PHOTOGRAPHY NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICES OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH THIS PROPERTY, WILL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS PROPERTY, ANY WEBSITES LINKED TO IT, OR ANY CONTENT, MATERIALS, SERVICES OR ITEMS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR DESCRIPTION, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO BPI PHOTOGRAPHY, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY BPI PHOTOGRAPHY, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, BPI PHOTOGRAPHY WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BPI PHOTOGRAPHY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100 IN THE AGGREGATE.

THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.

 

Indemnification

You understand and agree that you are personally responsible for your conduct on this Property. You agree to indemnify and hold harmless BPI Photography, Inc., its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licencors, employees, agents, and third-party information providers to the Services from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages and reasonable attorneys’ fees) resulting from, arising out or relating to (1) your use, misuse, or inability to use this Property, or (2) any User Content you post, or (3) any violation by you of these Terms or any other agreement between you and us.

 

Agreement to Arbitrate

You agree that any claim or dispute with or against us, whether related to this Agreement or otherwise, and any claim or dispute related to these Terms, this Property or any content, information or materials accessible on it shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate in this Section. If the value of the relief sought is $10,000 or less, either you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us (subject to the arbitrator’s discretion to require an in-person hearing based on the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Any in-person arbitration shall be conducted at a location in the Minneapolis, Minnesota metropolitan area determined by the AAA pursuant to its rules, and shall be conducted in English. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, and shall not apply to (i) a claim relating to the enforcement or validity of intellectual property rights; (ii) a claim relating to an allegation of theft, piracy, or unauthorized use; or (iii) a claim for injunctive relief.

You and BPI Photography both agree that (a) each of us can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (b) arbitration can decide only your and/or our individual claims, and the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s); and (c) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

You agree further that: (a) the arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (d) Any arbitrator award may be entered as a judgment in any court of competent jurisdiction. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.

 

Governing Law and Jurisdiction

All matters relating to use of this Property and any content, information or materials accessible on it, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Minnesota, United States of America, without regard to or application of any choice-of-law or conflict-of-laws principles, provisions, or rules thereof. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any legal suit, action or proceeding arising out of, or related to, these Terms or this Property shall be instituted exclusively in the federal or state courts of Hennepin County, State of Minnesota, United States of America. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS PROPERTY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.

 

General Provisions

Entire Agreement. These Terms, our Privacy Policy, and any other relevant BPI Photography documents or policies constitute the entire agreement between you and us with respect to this Property, and supersede all prior and contemporaneous understandings, agreements, representations and warranties related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.

Waiver; Severability. No waiver of any provision or breach of these Terms (a) shall be effective unless made in writing, or (b) shall operate as or be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof shall be severable from these Terms, provided that the same shall not affect in any respect whatsoever the remainder of these Terms, except that if any portion of the second paragraph of the Agreement to Arbitrate section is found to be invalid, unenforceable or illegal, then the entirety of this Agreement to Arbitrate shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Questions or Comments. If you have any questions or comments related to these Terms or this Property, please contact us by emailing [email protected].