Terms of Service
Effective Feb. 22, 2016
1. Your Acceptance
2. Bryte Photo® Website
3. Website Access
Bryte Photo® hereby grants you permission to use the Web site as set forth in this Terms of Service, provided that: (i) your use of the Web site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Web site in any medium without Bryte Photo’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and will not use the Web site in violation of the law or these terms of service. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Web site in a manner that sends more request messages to the Bryte Photo® servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bryte Photo® grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bryte Photo® reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site for any commercial solicitation purposes.
4. Intellectual Property Rights
The content on the Bryte Photo® Web site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Bryte Photo®, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bryte Photo® reserves all rights not expressly granted in and to the Web site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Bryte Photo® Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bryte Photo® Web site or the Content therein. It is the policy of Bryte Photo® to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this web site: Bryte Photo, Inc., 86 Waterman Street Apartment 210, Providence, RI 02912 USA Phone: 248-417-5852 Email: [email protected] Photo.com To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 5. User Content Unless otherwise agreed in a writing signed by Bryte Photo, by submitting content, photos, video, data or other materials directly through the Web site (collectively, “Materials”), You hereby grant to Bryte Photo a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to Bryte Photo a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.
6. Interactive Areas
The Bryte Photo® Web site may offer forums, blogs, comment areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Bryte Photo® does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Bryte Photo® responsible for any third party’s use of information contained in such posting. 7. Bryte Photo® Rights Given the nature of the Bryte Photo® Web site and the volume of Materials submitted, Bryte Photo® cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Web site, including, without limitation, any Materials posted via the Forums. You expressly agree that Bryte Photo: (a) will not be liable for Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you.
8. Representations and Warranties
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Bryte Photo® Web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Bryte Photo® Web site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your participation on or use of the Bryte Photo® Web site shall not violate any agreements between you and a third party.
You agree to indemnify and hold Bryte Photo, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, losses or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide, (b) your use of the Bryte Photo® Web site in breach of these Terms, (c) your breach of these Terms, and (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
10. Prohibited Activites
The following is a partial list of the kinds of activities that are prohibited on or through the Bryte Photo® Web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the Content contained in the Web site or for any other unauthorized purpose without Bryte Photo’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Bryte Photo® web site or Bryte Photo’s hardware and software infrastructure or that of any of its Licensors or Suppliers.
YOU AGREE THAT YOUR USE OF THE Bryte Photo® WEB SITE SHALL BE AT YOUR SOLE RISK. Bryte Photo® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY, INCLUDING, WITHOUT LIMITING TO, FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Bryte Photo® WEB SITE. Bryte Photo® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Bryte Photo® WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bryte Photo® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Bryte Photo, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. 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. 12. Limitation of Liability IN NO EVENT SHALL Bryte Photo, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITED TO, THOSE RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO, OR USE RESULTING THEREFROM, OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Bryte Photo® WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT Bryte Photo® SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Bryte Photo® Web site is not intended for children under 13. If you are under 13 years of age, then please do not use the Bryte Photo® Web site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bryte Photo® without restriction.
15. Service Changes
Bryte Photo® reserves the right with or without notice to the user at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Bryte Photo® shall have no liability to any user or any third party should Bryte Photo® modify or discontinue service.
Independent Contractor Agreement
This Independent Contractor Agreement (“Agreement”) is entered into by and between Bryte Photo, Inc. ("Bryte Photo," "we, "us," or "our") and you ("Independent Contractor," "you," or "your") as of the date you register with Bryte Photo and/or upon your acceptance of a fixed price Project.
1. Scope of the Agreement
Casual Summary: Before you begin a Project, make sure you clearly define all aspects of what you will be delivering.
The parties will agree to the scope and timing of delivery for each Project, including the Deliverables (defined below), and the fees to be to Independent Contractor ("Fees") either in a written addendum to the Agreement, as posted through Bryte Photo's web site, by email, or any other method as may be used by the parties from time-to-time, each of which will be deemed a part of and governed by the Agreement. Descriptions of Projects may include compensation, ownership rights, deadline, delivery timeline commitments, and required Deliverables ("Project Description"). "Deliverables" mean all work created, developed or supplied by Independent Contractor in connection with your services and each Project, whether as finished products or work in process, including writings of any kind, audio-visual works, user interfaces, "look and feel," artwork, illustrations, images, photographs, printed or graphic matter, trademarks (including service marks, trade dress, trade names, logos, and domain names), works of authorship, preparatory materials, charts, diagrams, memoranda, drafts, sketches, outlines, developments, materials, data, inventions (whether patentable or not), trade secrets, improvements, processes, discoveries, compositions, methodologies, program materials, notes, lists, compilations, manuscripts, pictorial materials, schematics, drawings, specifications, blueprints, flowcharts, schematics, protocols, designs, design rights, plans, proposals, technical data, financial and marketing plans, as well as all Intellectual Property Rights, whether foreign or domestic, in each of the foregoing. "Intellectual Property" or "Intellectual Property Rights" means all: trade secrets, patents and patent applications, trademarks and trademark applications, service marks and service mark applications, trade names, Internet domain names, copyrights and copyright applications, moral rights, rights of privacy, publicity, and similar rights, design rights, rights in know-how, rights in inventions (whether patentable or not), renewals or extensions of, and goodwill associated with the foregoing, and all other equivalent rights anywhere in the world. You will be notified in advance of any material changes to the Project. Independent Contractor grants Bryte
Casual Summary: If you include other assistants during a Project, you are responsible for their actions and for paying them.
Independent Contractor will supervise and control its Personnel (i.e., those who work for you either as employees or subcontractors) and represents and warrants that when employing or subcontracting with third parties, it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations pertaining to hire and/or contract employees and/or independent contractors (a "Bureau"). Independent Contractor and Bureau agree and acknowledge that Bureau's employees and independent contractors are not employees of Bryte Photo. As between Bryte Photo and Independent Contractor, Independent Contractor agrees that Bryte Photo has no responsibility for any wages, costs, unemployment insurance, workers' compensation insurance, and expenses of Bureau's employees and independent contractors and that Bryte Photo has no obligation to, and will not, supervise or control them. Independent Contractor represents, warrants, and covenants that Bureau acknowledges and agrees that: (a) Bureau is solely responsible for all wages, costs, unemployment insurance, workers' compensation insurance, contributions, and expenses of Bureau's employees and independent contractors and has the sole and exclusive right to supervise and control them, and (b) neither Independent Contractor, nor Bureau, nor any of its employees, independent contractors or agents, will have any claim under this Agreement for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from Bryte Photo.
3. Work for Hire
We guarantee that the work you will do for Bryte is Bryte’s for life (no constrained IP rights).
Your work for Bryte Photo is by default classified as “Work for Hire.” In the event that no ownership rights are defined in, (i) Independent Contractor acknowledges that all works of authorship developed in the course of work performed pursuant to this Agreement and which are protectable by copyright are "works made for hire," as that term is defined in the United States Copyright Act (17 U.S.C. Section 101 et seq.). To the extent that such works do not constitute works made for hire under operation of law, Independent Contractor hereby assigns all rights, title and interest in and to such works to Bryte Photo. (ii) Independent Contractor will require and cause its Personnel to assign to Independent Contractor all materials prepared, developed, and/or used by such Personnel in connection with, relating to, or regarding each Project, including all "moral rights" and Prior Inventions (defined below) therein. In jurisdictions such as Canada, where moral rights may not be assigned, Independent Contractor irrevocably and expressly waives in favor of Bryte Photo and agrees never to assert any and all "moral rights" that it may have in any Deliverable. Independent Contractor agrees to give Bryte Photo and any person designated reasonable assistance, required to perfect the rights granted pursuant to the Agreement. If Bryte Photo is unable because of Independent Contractor's unavailability, dissolution, mental or physical incapacity, or for any other reason, to secure Independent Contractor's signature for the purpose of applying for or pursuing any Intellectual Property Rights assigned to Bryte Photo herein, Independent Contractor hereby irrevocably designates and appoints Bryte Photo and its duly authorized officers as Independent Contractor's agent and attorney-in-fact, to act for and on Independent Contractor's behalf to execute and file for such Intellectual Property Rights and to do all other lawfully permitted acts to further the prosecution of such Intellectual Property Rights with the same legal force and effect as if executed by Independent Contractor. This power of attorney shall be deemed coupled with an interest, and shall be irrevocable. (iii) Notwithstanding anything to the contrary in the Agreement, all rights and licenses granted by Independent Contractor pursuant to the Agreement will be deemed to be, for purposes of Section 365(n) of the Bankruptcy Code, 11 U.S.C. S 101 et seq., licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code, and software is, and will be deemed to be, "embodiment[s]" of "intellectual property" for purposes of same. Bryte Photo will retain and may exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. (iv) If in the course of performing the services, Independent Contractor incorporates into any Deliverable or utilizes in the performance of the services any pre-existing invention, discovery, original works of authorship, development, improvement, trade secret, concept, or other proprietary information or Intellectual Property Right owned by Independent Contractor or in which Independent Contractor has an interest ("Prior Inventions"), Independent Contractor agrees that (a) Independent Contractor will provide Bryte Photo with prior written notice thereof, and (b) Bryte Photo is hereby granted a nonexclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Prior Inventions, without restriction, including as part of or in connection with such Deliverable, and to practice any method related thereto. Bryte Photo shall own all right, title and interest in and to any modifications or derivative works of the Prior Inventions made by Bryte Photo or made by Independent Contractor as part of the Services ("Bryte Photo Modifications"), including all Intellectual Property Rights in and to the Bryte Photo Modifications. Independent Contractor will not incorporate any invention, improvement, development, concept, discovery, work of authorship or other proprietary information owned by any third Party into any Deliverable without Bryte Photo's prior written approval.
4. Creative Profiles
Casual Summary: You are allowing us to display your work and agree that we have the right to do so on your behalf.
“Creative Profiles" allow you to create and publish a portfolio, leveraging your photos and videos and reviews to market your photography and/or video production services. By uploading or submitting content to create a Creative Profile, you grant Bryte Photo (and our parent and affiliates), a worldwide license to communicate, distribute, host, make modifications or derivative works (for the purpose of better showcasing your work), publicly display, publicly perform, publish, reproduce, store and use such content. This license grant is solely for operating, marketing, promoting and improving our services. By submitting your content, you also give other Bryte Photo users the right to share your content via various social media platforms integrated with Bryte Photo. You are responsible for determining the limitations that are placed on your content. You agree to use your real name and to only post your own creative work to your Creative Profile. If Bryte Photo decides in its sole determination that your conduct violates our Terms Of Service available at http://www.Bryte Photo.com/terms-of-service, which are incorporated here by reference, we may remove your content or disable your use of Creative Profile, with or without notice to you. We are not responsible for (a) the loss, corruption or damage to your content, (b) the deletion or accuracy of your content, (c) the security, privacy, or communications related to your project. We may create limits on the use of Creative Profile, including limitation on file size and storage space and may require you to delete your content until you are within certain storage limits. We may provide you with a custom URL for your Creative Profile and reserve the right to reclaim custom URLs or remove them for any reason without notice. You agree to not include words of phrases in your custom URL that would violate our Terms of Service.
You will be paid once the client has received the Project’s deliverables. a. Subject to Independent Contractor's strict compliance with the Agreement and Client’s acceptance of the Deliverables, Client will pay Independent Contractor the Fees as set forth herein. Client is responsible for managing, inspecting, accepting and paying through the Bryte Photo platform for satisfactory Deliverables in accordance with the Project Description. Independent Contractor is responsible for the performance and quality of the Deliverables in accordance with the Project Description and will promptly invoice Client through the Bryte Photo platform upon delivery of the final Deliverable. In no case shall Independent Contractor solicit Client to deliver payment for Projects outside of the Bryte Photo platform, including, but not limited to cash or credit card payment through other service providers. All payments from Client to Independent Contractor, including cancellation and pro-rata charges, are net of Bryte Photo's commission (twenty percent (20%) for jobs originating through the Bryte Photo web site). b. Bryte Photo may withhold payments (i) for any item on Independent Contractor's invoice that Client reasonably disputes, and/or (ii) until all Independent Contractor, including its Personnel, executes and delivers all documents necessary to effectuate the purposes of the Agreement, including Section 3 hereof.
You agree to let us know if a client attempts to pay you outside of the Bryte Photo website. If they found you on Bryte Photo, they agree to pay you through Bryte Photo as well. By registering and communicating with potential Clients identified through the Bryte Photo web site and/or your Creative Profile, you agree to use Bryte Photo to receive all payments from Clients whom you identify or who identify you through the Bryte Photo web site so that Bryte Photo can collect its commission. You agree to notify Bryte Photo immediately if a Client attempts to pay you outside the Bryte Photo web site.
7. Code of Professional Conduct
Casual Summary: You must act professional at all times. Bryte Photo is committed to fostering an environment that is respectful and free from harassment and discrimination, including on the part of Independent Contractors. Bryte Photo does not tolerate harassment of or discrimination against any Bryte Photo employee, client, or third-party service provider. Your conduct may also impact Bryte Photo's reputation with our customers. Accordingly, you agree to follow, and will ensure that all of your Personnel (i.e., those who work for you either as employees or subcontractors) will follow a professional level of conduct, including: (i) completing each Project with integrity and in a professional manner, (ii) treating and speaking with Bryte Photo's Clients and their respective employees in a respectful, courteous and professional tone and demeanor, (iii) communicating with Bryte Photo's employees in a respectful, courteous and professional tone and demeanor, (iv) not performing any Project while under the influence of drugs or alcohol, (v) not requesting or accepting anything of value from Bryte Photo's Clients, or third-party service providers, and/or (vi) not directly or indirectly soliciting any of Bryte Photo's Clients for the purpose of securing additional work to the detriment of Bryte Photo's business relationship with our Clients. If you are not able to comply with Bryte Photo's Code of Professional Conduct, please notify Bryte Photo immediately. You agree that your violation of this Code of Professional Conduct is a material breach of the Agreement, which thereby entitles Bryte Photo to terminate the Agreement immediately.
7. Code of Professional Conduct
Casual Summary: You must act professional at all times. Bryte Photo is committed to fostering an environment that is respectful and free from harassment and discrimination, including on the part of Independent Contractors.
Bryte Photo does not tolerate harassment of or discrimination against any Bryte Photo employee, Bryte Photo, or third-party service provider. Your conduct may also impact Bryte Photo's reputation with our customers. Accordingly, you agree to follow, and will ensure that all of your Personnel (i.e., those who work for you either as employees or subcontractors) will follow a professional level of conduct, including: (i) completing each Project with integrity and in a professional manner, (ii) treating and speaking with Bryte Photo's Bryte Photos and their respective employees in a respectful, courteous and professional tone and demeanor, (iii) communicating with Bryte Photo's employees in a respectful, courteous and professional tone and demeanor, (iv) not performing any Project while under the influence of drugs or alcohol, and (v) not requesting or accepting anything of value from Bryte Photo, or third-party service providers. If you are not able to comply with Bryte Photo's Code of Professional Conduct, please notify Bryte Photo immediately. You agree that your violation of this Code of Professional Conduct is a material breach of the Agreement, which thereby entitles Bryte Photo to terminate the Agreement immediately.
8. Content Clearances
Casual Summary: You are responsible for content creation process. Don’t break any copyright laws. You are solely responsible for the acquisition and payment of any and all third-party clearances, permissions, fees, and licenses that are necessary in connection with your Creative Profile, each Project and/or Bryte Photo's or Client's exercise of any Deliverable, including with respect to the use of any copyrighted or trademarked materials and the use of any names, likenesses or biographical materials. In addition, you will verify all facts in each Deliverable.
Casual Summary: You promise that you will hold true to your word. You represent, warrant, and covenant for yourself and each of your Personnel that: (i) you and your Personnel are a validly existing business entity or individual, duly licensed and qualified to carry on your business/operations and perform your obligations and that you have procured insurance associated with performing the services, including, but not limited to, unemployment insurance and worker’s compensation insurance and contributions (ii) you and your Personnel have all rights, insurance, licenses, permits, qualifications and consents necessary to perform your and/or their respective obligations and own all intellectual property rights (or have obtained all necessary permissions) to the content you upload to your Creative Profile, (iii) you and your Personnel will and have complied with all federal, state and local laws, (iv) you and your Personnel's performance under the Agreement does not and will not violate or cause a breach of the terms of any other agreement to which you or your Personnel are a party, (v) you and Personnel are not in default of any other agreement and there are no proceedings threatened or pending under order of any court, arbitrator, administrative agency or other authority, which would affect performance of the Agreement, (vi) you and your Personnel are not a party to any collective bargaining agreement that might be applicable to the Services provided hereunder, and that neither the Agreement nor the Services provided by you are subject to any collective bargaining, (vii) there is and have been no unfair labor practice complaint against you or your Personnel, (viii) the content you upload to create a Creative Profile, the Deliverables, and Bryte Photo use of such Deliverables, do not and will not (a) violate, infringe or misappropriate the Intellectual Property Rights of any third party, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties, (b) result in any tort, injury, damage or harm to any third party, or (c) contain material that is obscene, defamatory, libelous, or slanderous, (ix) the Deliverables and the media on which the Deliverables are performed and/or delivered will be free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, disable, deactivate, or expropriate any Bryte Photo entity, (x) you and your Personnel will deliver each Deliverable in a professional and workmanlike manner in accordance with standards generally accepted in Independent Contractor's industry, (xi) Deliverables furnished hereunder are and will be: (a) new and free from defects in design, materials and workmanship; (b) of merchantable quality and fit for the purposes for which they are intended; and (c) free and clear of all liens, claims and encumbrances; (xii) you and your Personnel have all rights, licenses, permits, qualifications and consents necessary to grant Bryte Photo ownership and use of the Deliverables, and delivery to Bryte Photo of all rights and licenses in and to the Deliverables does not violate any laws, (xiii) Services will conform with the Agreement, and (xiv) you and your Personnel will take all necessary precautions to prevent injury to any person or damage to any property while performing each Project.
Casual Summary: You take responsibility for your actions while you work with us. You will indemnify, defend and hold harmless Bryte Photo from all claims, whether actual or alleged, that arise out of or in connection with your Creative Profile, including: (i) personal injury, death, property damage, or theft, (ii) negligent, gross negligence or intentional conduct, and/or (iii) your breach of the Agreement (collectively, "Claims"). You are solely responsible for defending any Claim against Bryte Photo, subject to such Bryte Photo's right to participate with counsel of its own choosing at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from all Claims against Bryte Photo; provided however, that you will not agree to any settlement that imposes any obligation or liability on Bryte Photo without Bryte Photo's prior express written consent.
Casual Summary: If your common sense says information is confidential, then keep that information confidential. "Confidential Information" means information disclosed by you to us or us to you, either directly or indirectly, in writing, orally, or by inspection of tangible objects that is designated as "Confidential," "Proprietary," or some similar designation or which under the circumstances should reasonably be understood to be confidential. Information communicated orally and/or other intangible information will be considered Confidential Information if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information will not, however, include any information which: (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving Party at the time of disclosure by the disclosing party as shown by the receiving party's files, records, and/or other competent evidence immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving Party's possession. The receiving party will not at any time (a) disclose, sell, license, transfer, or otherwise make available to any person or entity any Confidential Information of the disclosing party, except to employees, contractors, or agents, in each case who have a legitimate need to know such Confidential Information and are bound to confidentiality and non-use obligations no less restrictive than those contained in the Agreement, or (b) use, reproduce, or copy any Confidential Information of the disclosing party, except as necessary in connection with the purpose for which such Confidential Information is disclosed to the receiving party by the disclosing party, or in connection with or as set forth in the Agreement. All Confidential Information will remain the disclosing party's property and all documents, electronic media, and other tangible items containing or relating to any Confidential Information of the disclosing party will be delivered to the disclosing party promptly upon the disclosing party's written request. Notwithstanding the foregoing, neither party will be required to remove copies of the other party's Confidential Information from any backup servers. The receiving party may disclose Confidential Information of the disclosing party in connection with subpoenas, court orders, other legal processes, or as otherwise required by law, provided that the receiving party gives the disclosing party prompt written notice of such requirement (unless expressly prohibited in writing in such subpoena, court order, or other legal process) prior to such disclosure and takes reasonable steps to protect the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. Notwithstanding anything to the contrary in the Agreement, without consent, either you or we may disclose (x) the Agreement (or the existence of the Agreement) to bona fide potential investors or prospective purchasers of a portion of its assets or beneficial ownership interests provided such disclosure is subject to confidentiality and non-use obligations no less restrictive than those contained in the Agreement, and/or (y) as required by law, including any governmental or regulatory filings.
Casual Summary: Do not use trademarks without permission. Independent Contractor is not authorized to use and agrees it will not use any Bryte Photo trademark(s), logo(s), service mark(s), trade name(s), and/or legal notice(s) (collectively, " Bryte Photo Trademarks"), provided however in the event use of any Bryte Photo Trademark is necessary in connection with performing any service hereunder, subject to Independent Contractor's strict compliance with the Agreement, Bryte Photo grants Independent Contractor a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free license to use during the Term, only to the extent essential and necessary to provide the service, the Bryte Photo Trademarks provided by Bryte Photo to Independent Contractor for purposes of the Agreement. Upon Byrte Photo’s request, Independent Contractor agrees to promptly remove or replace any Bryte Photo Trademark, but in no event later than three (3) days after receipt of any such request. Upon termination of the Agreement, all use of any Bryte Photo Trademark shall immediately cease. Each use, display (including the size, place, and manner), and/or reproduction of the Bryte Photo Trademarks by Independent Contractor must be pre-approved by Bryte Photo in writing in advance and be in accordance with the Agreement.
13. Equitable Remedies
Casual Summary: If you and the Client disagree, you can also sue for money damages. In the event of any breach of the Agreement by Client, the parties agree that Independent Contractor's sole remedy shall be limited to an action at law for actual monetary damages. In no event shall Independent Contractor be entitled to terminate the Agreement, rescind the rights granted to Client under the Agreement, or otherwise exercise any equitable remedies, including, seeking rescission of the Agreement and/or seek an injunction against the development, production, distribution, or exploitation of any Project and/or any derivative work. The parties agree that the rights granted by the Agreement in favor of Client are however unique, special, unusual and extraordinary, giving them a peculiar value which cannot be remedied by money damages. Therefore, the parties agree that in the event of a breach by Independent Contractor of the Agreement, Client will be entitled to equitable relief and remedies, including specific performance and/or injunctive relief without the necessity of proving actual damages or posting a bond of more than $1,000.
14. LIMITATION OF LIABILITY
Casual Summary: You and a client at a photoshoot have reasonable limitations on liability. Except for a party’s breach of it’s confidentiality obligations above, and the indemnification obligations above, in no event will independent contractor and/or any client be liable for any indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with the agreement.
15. Term and Termination
Casual Summary: Either you or we may terminate this agreement at any time via written notice to the other party The term of the Agreement commences when you register with Bryte Photo, and continues until terminated as set forth herein. Either Party may terminate the Agreement by written notice to the other Party if the other Party breaches any material provision of the Agreement and such breach is not cured within 30 days after written notice thereof is received by the other Party. We may add, modify or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Service to you, or add or create new limits to our Services at any time. In addition, Bryte Photo reserves the right to terminate the Agreement or any portion thereof, with or without cause, upon 15 days prior written notice to Independent Contractor. You may terminate this Agreement, without or without cause, upon 15 days prior written notice to Bryte Photo, provided that you have no outstanding obligations for Services to Bryte Photo. Upon termination of the Agreement, Bryte Photo, as its sole liability, will pay you for Deliverables completed and accepted by Bryte Photo. Sections 3, 5, 7, 8 through 14, and 16 will survive termination of the Agreement.
16. Press Release
You agree to consult with a Bryte Photo before issuing a Press Release. You will not issue any press release regarding the Agreement unless approved in advance by Bryte Photo in writing.in 30 days after written notice thereof is received by the other party. Sections 3, 5, 7, 8 through 14, and 16 will survive termination of the Agreement.
17. Choice of Law
Casual Summary: We will look at Rhode Island Law if there are any questions. The terms of the Agreement and any dispute relating thereto will be governed by the laws of the State of Rhode Island, without regard to conflict/choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement. Bryte Photo and you agree to submit to the exclusive jurisdiction of the state and federal courts located in the County of Providence, Rhode Island.
Casual Summary: Other information such as our address The Agreement constitutes the entire agreement and understanding between the Parties regarding the subject matter contained herein and supersedes all agreements, understandings, negotiations, representations, claims, and communications in all forms of media, written and oral, regarding the subject matter contained herein. Only a written instrument signed by whichever of Bryte Photo or you is entitled to waive such compliance may waive any term and/or condition of the Agreement. No waiver by either Bryte Photo or you of any provision hereof will be deemed a waiver of any other breach of such provision or a waiver of the provision. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity will not affect the remainder of the Agreement, and the invalid or unenforceable provision will be replaced by a valid provision that has a similar effect. We may give notices to you by email, first class mail or facsimile as provided by you when you registered with Bryte Photo. You must ensure that your contact and account information is current and correct, and promptly notify us in writing of any changes to such information. You will send all notices to us via recognized overnight courier or certified mail, return receipt requested, to: General Counsel, Bryte Photo, Inc., 121 2nd Street, Suite 200, San Francisco, California 94105. Neither Bryte Photo nor you nor a photoshoot client will have any liability under the Agreement by reason of any failure or delay in the performance of Bryte Photo or your obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond, as applicable, Bryte Photo's or a photoshoot client’s or your reasonable control. Bryte Photo, a photoshoot client and you as applicable are independent contractors and nothing in the Agreement will be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between Bryte Photo and you. Except as otherwise set forth in the Agreement with Bryte Photo, the Agreement is not intended to benefit, nor will it be deemed to give rise to any rights in, any third party. You may not assign, sublicense or transfer the Agreement or any right or duty under the Agreement to another party, in whole or in part, without Bryte Photo's prior written consent. Any assignment, transfer, or attempted assignment or transfer in violation of this Section will be void and of no force or effect. Any rights not expressly granted in the Agreement are reserved by Bryte Photo, or you, as applicable, and all implied licenses are disclaimed. Headings of Sections are for convenience only, and are not intended to affect the interpretation or construction of any other provision of the Agreement. As used in the Agreement, the word "including" is a term of enlargement meaning "including without limitation" and does not denote exclusivity, and the words "will," "shall," and "must" are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Executed counterparts of the Agreement will each be deemed originals, whether exchanged via mail, facsimile, or electronically.
19. Electronic Signatures Effective
Casual Summary: You agree to sign for agreements, such as this one, electronically a. By clicking on the "I Accept" or similar button, you create an electronic signature to the Agreement, establishing a valid, legal contract. In doing so, you agree to accept these terms and conditions and any other agreement contained or referenced herein; you also agree that we may supply you a copy of the Agreement in electronic form. Please print or save a copy of the Agreement for your records. You also may choose to receive a copy of the Agreement in non-electronic form at any time by submitting a request to us at the address set forth above. b. You may choose to withdraw your consent to receive the Agreement in electronic form. Withdrawing your consent to receive the Agreement in electronic form does not change your existing obligations to us under the Agreement. Instead, withdrawing your consent simply means that you wish to have our relationship with you governed by a non-electronic form of the Agreement. If you wish to withdraw your consent to receive the Agreement in electronic form and to instead enter into a non-electronic form of the Agreement, please send a letter and self-addressed, stamped envelope to the address set forth above. We then will send you a non-electronic form of the Agreement. Your withdrawal of consent will become effective when we mail to you a copy of the non-electronic form of Agreement, at which point our relationship will be governed by the terms of such Agreement. In either instance, the obligations that you incur pursuant to the electronic form of the Agreement, prior to the effective date of the withdrawal of your consent, will remain unchanged until they are fully discharged by you. c. In order to access and retain the electronic Agreement, you must have access to the Internet, either directly or through devices that access Web-based content, and pay any charges associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet (e.g., a computer and modem or other access device). We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement.
Effective Feb. 22, 2016
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
2. Personal Information refers to information that tells us specifically who you are, such as your name, email address or phone number. In many cases we need this information to provide the personalized or enhanced service that you have requested. We hope that, like many of our customers, you will find it beneficial to provide Personal Information to Bryte Photo so that we may provide valuable services to you. Visiting the Web site will also cause a cookie to be issued; this cookie allows Bryte Photo to “recognize” you when you are on our site to allow us to personalize our service for you.
Anonymous Information: As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We may link this automatically-collected data as well as any information received from third parties to Personal Information.
We may also offer other services as a part of our Web site (e.g., contests, sweepstakes and other promotions with unaffiliated third parties). If you choose to use these optional services or opportunities, we may provide some of your Personal Information to these parties. We will not do so without telling you in advance, and you can avoid having us make such disclosures by choosing not to use these services or features of the Web site.
Bryte Photo is the sole owner of the information collected on http://www.Bryte Photo.com. Bryte Photo may collect Personal Information from our users at several different points on our Web site.
If you choose to use our service to tell a friend about a film you saw on our Web site, we will ask you for your friend’s name and email address. We will automatically send your friend an email. Your friend may contact us at [email protected] to request that we remove this information from our database.
Special Offers and Updates
We will occasionally send you information on services, special deals, products and/or promotions. Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice/Opt-out.”
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
Based upon the Personal Information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, if you have provided such information.
We store information that we collect through cookies, log files, or tracking tags to create a “profile” of your preferences. We may tie your Personal Information to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the Web site for you.
Bulletin Board/Blogs/Rate A Film
If you use a bulletin board or blog or rate a film on this site, you should be aware that any information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums.
What are Cookies? A cookie is a small data text file that a web site sends to your browser, which is stored on your system. The Website can only access the information from a cookie sent by the Web site. We cannot access cookies sent by other web sites or the information contained therein. Additionally, we cannot learn your e-mail address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically and voluntarily submit that information to us, for example, through a registration system, by purchasing products, or by entering a sweepstakes or promotion.
May I decline to accept a cookie? You may decline to accept cookies sent by the Web site by selecting an option on your browser to reject cookies. However, if at some point we require registration to use the Services, you will be required to log in each time you access the Web site. Cookies enable our server to know that you are a registered user, and will eliminate the need for you to log in each time you access our Web site.
We may also employ a software technology called tracking tags (a.k.a. clear gifs/Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Tracking tags are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, tracking tags are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by tracking tags to our customers’ Personal Information. We may use tracking tags in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice/Opt-out.”
We may display retargeted ads to our site prospects across the Internet. We collect Anonymous Information about your visits to the Web site, and your interaction with our products and services. The Anonymous Information is collected through the use of a pixel tag, which is industry standard technology used by most major web sites. No Personal Information is collected during in this process. If you do not want us to collect this information, you may opt out of this service. Opting out will not affect your use of the Web site. To Optout of retargeting, visit http://www.networkadvertising.org/managing/opt_out.asp.
Party Collecting the Information
Third Party Advertisers
Links to Other Materials
Third party sites and co-branded sites linked to and from the Web site, including credit card processors, are not necessarily under our control. We shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. We do not necessarily endorse companies (or related products or services) to or from which the Web site is linked. If you decide to access any of the third party sites linked to the Web site, you do so entirely at your own risk. Therefore, we encourage you to ask questions and review those parties’ privacy policies before you disclose your Personal Information to others.
We provide you the opportunity to ‘opt-out’ of having your Personal Information used for certain purposes. For example, in some instances, if you register but do not wish to receive any additional marketing material from us, you can indicate your preference at time of registration. In other instances, you may ‘opt-out’ by logging into your account and changing your preferences. You may also ‘opt-out’ by clicking on this link and following the steps indicated.
Access to Personal Information
If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by contacting us or, if applicable, making the change on your user information page. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
In the event Bryte Photo goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, your Personal Information may be disclosed and will likely be among the assets transferred. You will be notified via prominent notice on our Web site for 30 days of any such change in ownership or control of your Personal Information.
We reserve the right to disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
Your Privacy Rights Regarding Third Party Sharing
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of allowing them to provide you directly with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications or the sharing of such information.
Bryte Photo cares about the safety of children and their use of the Internet. Therefore, in accordance with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request or solicit personally identifiable information from anyone under the age of 13 without verifiable parental consent. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected] Photo.com. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite verifiable parental consent, we will delete that information from our database as quickly as is practical.
Bryte Photo operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. You the consumer are ultimately responsible for the security of your user name and password, if applicable. Please take care to store your user name separately from your account password, or better yet, choose a password that you don’t need to write down at all.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this Web site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this web site in the federal and state courts of, and in accordance with the laws of, the state of Rhode Island.