Terms and Conditions – Really Good Photo Spots App

Terms and Conditions
Last updated: July 24, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before
using the Really Good Photo Spots mobile application (the “Service”), which is owned and
operated by Improve Photography LLC (“us”, “we”, or “our”). Improve Photography LLC is a
Limited Liability Company headquartered in Meridian, Idaho, USA.

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

By accessing or using the Service you agree to be bound by these Terms. If you disagree with
any part of the terms then you do not have permission to access the Service.

Content
Improve Photography LLC respects the rights of photographers and fiercely defends the
rights of photographers from being infringed by others. If anyone posts your photo on the
app without your permission, immediately contact [email protected] for a
timely resolution.

Improve Photography LLC has no desire whatsoever to steal a photo from a photographer
or to use that photo in a way that the photographer does not agree to. This app is here to
HELP photographers—not to take anyone’s photos. However, we do require a license for
the use of your photo if you choose to post it on the app.

Our Service allows you to post, link, store, share and otherwise make available certain
information, text, graphics, photos, videos, or other material (“Content”). You are
responsible for the Content that you post on or through the Service, including its legality,
reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the
Content is yours (you own it) and/or you have the right to use it and the right to grant us
the rights and license as provided in these Terms, and (ii) that the posting of your Content
on or through the Service does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content (including photos) you submit, post or
display on or through the Service and you are responsible for protecting those rights. We
take no responsibility and assume no liability for Content you or any third party posts on or
through the Service. However, by posting Content using the Service you grant us the right
and license to use, modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. This Service includes but is not limited to this app,
apps for other platforms, Improve Photography websites, and other sources approved by or
licensed from Improve Photography LLC. You agree that this license includes the right for us
to make your Content available to other users of the Service, who may also use your Content
subject to these Terms.

Improve Photography LLC may not sell your photos as standalone products, nor sell them as stock.
The purpose of this license is to allow Improve Photography LLC and its assigns to display
your Content in a format to show the availability of photo spots to others either online, in an app, or in electronic format.

Improve Photography LLC has the right but not the obligation to monitor and edit all
Content provided by users.

In addition, Content found on or through this Service are the property of Improve
Photography LLC or used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for commercial
purposes or for personal gain, without express advance written permission from us.


Premium Features of Really Good Photo Spots

Really Good Photo Spots offers premium features for purchase.

  • The title of the service is Really Good Photo Spots Premium.
  • The length of the subscription is 1 year, and the subscription automatically renews each year unless actively turned off.
  • Payment will be charged to your iTunes Account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
  • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
  • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase

Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may opt out of
receiving any, or all, of these communications from us by following the unsubscribe link or
instructions provided in any email we send.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be
billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on
an annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact
same conditions unless you cancel it or Improve Photography LLC cancels it. You may cancel
your Subscription renewal either through your online account management page or by
contacting Improve Photography LLC customer support team.
A valid payment method is required to process the payment for your Subscription. You shall
provide Improve Photography LLC with accurate and complete billing information including
full name, address, state, zip code, telephone number, and a valid payment method
information. By submitting such payment information, you automatically authorize Improve
Photography LLC to charge all Subscription fees incurred through your account to any such
payment instruments.
Should automatic billing fail to occur for any reason, Improve Photography LLC will issue an
electronic invoice indicating that you must proceed manually, within a certain deadline
date, with the full payment corresponding to the billing period as indicated on the invoice.
Members of the ImprovePhotographyPlus.com membership site may receive premium
features for free for a limited time, but this subscription is not guaranteed. Improve
Photography LLC may cancel this benefit at any time.

Free Trial
Improve Photography LLC may, at its sole discretion, offer a Subscription with a free trial
for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be
charged by Improve Photography LLC until the Free Trial has expired. On the last day of the
Free Trial period, unless you cancelled your Subscription, you will be automatically charged
the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Improve Photography LLC reserves the right to (i) modify
the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes
Improve Photography LLC, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will become effective at
the end of the then-current Billing Cycle.
Improve Photography LLC will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your Subscription before such
change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee amount.

Refunds
Except when required by law, paid Subscription fees are non-refundable.

 

Accounts
When you create an account with us, you guarantee that you are above the age of 18, and
that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of
your account on the Service.

You are responsible for maintaining the confidentiality of your account and password,
including but not limited to the restriction of access to your computer and/or account. You
agree to accept responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a third-party
service. You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a username
any name that is offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim
that Content posted on the Service infringes on the copyright or other intellectual property
rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright infringement, please
submit your claim via email to [email protected], with the subject line:
“Copyright Infringement” and include in your claim a detailed description of the alleged
Infringement as detailed below, under “DMCA Notice and Procedure for Copyright
Infringement Claims”

Some of the images sourced for this app are used under a Creative Commons Commercial
license and proper attribution has been made in all cases. If you have any questions about
the use of your photo, PLEASE email [email protected] and we will take
action to remedy the situation quickly.

You may be held accountable for damages (including costs and attorneys' fees) for
misrepresentation or bad-faith claims on the infringement of any Content found on and/or
through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright's interest;

a description of the copyrighted work that you claim has been infringed, including
the URL (i.e., web page address) of the location where the copyrighted work exists
or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material
that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.

You can contact our Copyright Agent via email at [email protected]

Intellectual Property

The Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Improve Photography LLC and
its licensors. The Service is protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of Improve
Photography LLC.

Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or
controlled by Improve Photography LLC.

Improve Photography LLC has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Improve Photography LLC shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available on or
through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third
party web sites or services that you visit.

Termination
We may terminate or suspend your account and bar access to the Service immediately,
without prior notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Improve Photography LLC and its
licensee and licensors, and their employees, contractors, agents, officers and directors, from
and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees), resulting from or arising out of a)
your use and access of the Service, by you or any person using your account and password;
b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
In no event shall Improve Photography LLC, nor its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or

punitive damages, including without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort (including negligence)
or any other legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its essential
purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS
AVAILABLE” basis. The Service is provided without warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.

Improve Photography LLC its subsidiaries, affiliates, and its licensors do not warrant that a)
the Service will function uninterrupted, secure or available at any particular time or
location; b) any errors or defects will be corrected; c) the Service is free of viruses or other
harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or
limitation of liability for consequential or incidental damages, so the limitations above may
not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Idaho, United
States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect. These Terms constitute
the entire agreement between us regarding our Service, and supersede and replace any
prior agreements we might have had between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If
a revision is material we will provide at least 30 days notice prior to any new terms taking
effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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