FEARLESS & FRAMED, LLC
TERMS OF USE AGREEMENT & ACCEPTABLE USE POLICY
LAST UPDATED MARCH 6, 2020

Welcome to www.fearlessandframed.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and disclosures govern Fearless and Framed LLC’s relationship with you in relation to this website, the series and products contained herein, the online communities we own, and any and all related legal property and rights under our control (referred to as the “Property”).

If you disagree with any part of these terms and conditions or acceptable use policy, please do not use our Property. The terms “FFL” or ‘us’ or ‘we’ refers to the owner of Fearless and Framed LLC our agents, subsidiaries, associated marks, and assigns. The term ‘you’ refers to the user or viewer of our Property.


TERMS OF USE

The content of the pages of this Property is for your general information and use only. It is subject to change without notice. This Property contains material which is owned by or licensed to us. Visitors may view all portions of this site and included material for only for their own personal, non-commercial use unless otherwise provided in writing by FFL granting appropriate non-competitive commercial licensing rights. This material includes, but is not limited to design, layout, look, appearance, photos and graphics (the “Content”). All trademarks reproduced in this Property, which are not the property of, or licensed to the operator, are acknowledged on the Property. You must retain all copyright and other proprietary notices contained in the original Content for Property made available for download or reuse from this site.

You may not sell, transfer, assign, license, sublicense, or modify the material or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the material in any way for any public or commercial purpose. Unless explicitly approved in writing by FFL, the use or posting of the material on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. Nothing on FearlessandFramed.com or any of the Property should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any marks, without our prior written permission specific for each such use. Use of the any marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.

From time to time, the Property may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Some information provided within the

Property has been obtained from third parties and is provided for informational purposes only. We are not liable for any inaccuracies in any third party information provided on this Web Site and do not endorse any of the activities, guides, vendors or service providers described. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or service provider. We expressly deny any liability for engagement in any activity, and for use of any third party guide, vendor or service provider that may be mentioned or described in the Property. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the third party vendor, guide, or service provider. Please contact the third party service provider, guide or vendor for complete details. We do not book, nor do we make any representations regarding the availability of third party activities or services.

Your use of the Property and any dispute arising out of such use of the Property is subject to the laws of the State of South Carolina. You acknowledge and agree that in the event of a breach of this Terms of Use or Acceptable Use Policy, or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement.


ACCEPTABLE USE POLICY

Fearless and Framed LLC invites its users to contribute to our online communities made available on the Property (the “Community” or “Communities”). Fearless & Framed provides an interactive service that allows visitors and users to browse, organize, display, sell, and share or purchase photographs, e-books, magazines, photo session information, questionnaires, and other types of educational material in digital and print form. This service allows developing and professional photographers to readily exchange information and resources. Users of the Communities can connect with contributing photographers

(“Contributors”) in order to pursue potential mentoring and/or workshop opportunities and to browse for and purchase products. In addition, Fearless & Framed LLC provides photography related courses and a blog featuring photographers and their respective works.

You understand and agree that the content of the Community does not contain or constitute representations to be reasonably relied upon, and you agree to hold Fearless & Framed harmless for any errors, omissions, or misrepresentations contained within the Communities’ content. You understand that

Fearless & Framed is not obligated to provide any maintenance, technical or other support for the Communities. By accepting this invitation by becoming a member, creating a user account, or any other method required to participate in community forums provided by FFL you agree to abide by the following acceptable use policy:

CONTRIBUTORS

To use Fearless & Framed’s services, Contributors must register an account and create a user profile. To register an account and create a user profile, Contributors agree to complete the required information. Upon registration, Contributors agree to review Fearless & Framed’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.

User account information will be used consistent with the Privacy Policy. By creating an Account, you agree that Fearless & Framed, and its designees and agents, may contact you by any available means, including, but not limited to, by email. Fearless & Framed’s does not endorse you or discriminate based upon any information provided by Contributors or made available for population of Contributor’s user profile.

Fearless & Framed may provide different levels of services to the Contributors depending on the Contributor’s subscription plan. For example, Contributors will be able to register an account and create a user profile for free. This will allow the Contributors to submit content, such as photographs, photo sessions, session planning information, and other educational information to Fearless & Framed and the Community. Fearless & Framed may, at its sole discretion, determine which content (if any) is specifically accepted to be published on the Community from the Contributors. As such, Fearless & Framed may not accept any content from some Contributors.

Further, Fearless & Framed may, at its sole discretion, allow Contributors to specifically advertise their respective goods and services and professional websites through the Community. Contributors allowed to advertise their goods and services agree to enter into an affiliate relationship with FFL in which FFL will receive a percentage of sales generated through Community sales. It is each Contributor’s responsibility to be informed of the various levels of services provided by Fearless & Framed and affiliate rates corresponding to advertised goods and services.

Contributors have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand that by submitting work you are granting a perpetual and irrevocable license for your content to reside in the Community database for display. Further Contributors agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. Contributors are solely responsible for acquiring all respective copyrights, licenses, and participant waivers necessary for the submission of content within the Community. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the legal rights of a third party including the right to privacy or intellectual property rights such as trademark or copyright. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Community. Fearless & Framed reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

END USERS

To use Fearless & Framed’s services, end users must register an account and create a user profile. To register an account and create a user profile, end users agree to complete the required information. Upon registration, end users agree to review Fearless & Framed’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User account information will be used consistent with the Privacy Policy. By creating an Account, you agree that Fearless & Framed, and its designees and agents, may contact you by any available means, including, but not limited to, by email. Fearless & Framed’s does not endorse you or discriminate based upon any information provided by end users or made available for population of the user profile.

Fearless & Framed may provide different levels of services to the end users depending on the end user’s subscription plan. For example, the free subscription plan may only allow end users to have limited access to the Community and to only view a limited amount of Contributor Content on the Community.

Fee-based premium subscriptions allow end users to have access to the full Community , including the entire collection of Contributor Content on the Community . As a result, end users will can easily browse and access specific Contributor Content and Contributors. In addition, the premium subscriptions provide end users with opportunities for question and answer sessions with professional photographers, discounted products sold on the Community , photography courses, and greater opportunities to connect wither other photography professionals. It is each end user’s responsibility to be informed of the various levels of services provided by Fearless & Framed.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Community .

Fearless & Framed reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

The Communities receive data from third-party software systems. You are responsible for communicating any changes in data structure, management system, or hardware upgrades that may impact Fearless & Framed’s ability to receive and process your content. In addition, you are responsible for providing Fearless & Framed with accurate instructions and information regarding the third party systems and databases with which the Communities and Fearless & Framed’s databases will interface, and you bear all responsibility for incomplete, inaccurate or otherwise faulty information regarding third party systems and databases belonging to you as conveyed to Fearless & Framed in connection with set up or maintenance of Fearless & Framed’s Communities and services.

CONTRIBUTOR CONTENT

Contributors retain their full ownership rights to any content they upload and/or submit to the Community, including, but not limited to, photographs, videos, text, digital products, biographies, and business information (“Contributor Content”). You understand that Fearless & Framed does not guarantee that confidentiality of any Contributor Content submitted to the Community and other Contributors and end users may view such Contributor Content.

By submitting Contributor Content to the Community, Contributors hereby grant Fearless & Framed and its affiliates and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sublicenseable, and transferable license to use, reproduce, transmit, publicly display, distribute, and make available for any purpose regardless of the form or medium. Specifically, Fearless & Framed LLC will

NEVER SELL YOUR CONTENT however FFL may display Contributor Content in any order or orientation within the Communities, it may be repurposed into checklists, or guides, or used as a lead magnet. Each Contributor understands and agrees that the above license granted to Fearless & Framed terminates within a commercially reasonable time after Contributor Content is removed or deleted from the Community. Also, each Contributor understands and agrees that Fearless & Framed may (but is not obligated to) keep archives of Contributor Content for the purpose of maintaining business records of Fearless & Framed and preserving evidence of its Community activity.

Further, each Contributor agrees that the Contributor Content submitted to the Communities will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless the Contributor has permission from the rightful owner of the material or the Contributor is otherwise legally entitled to post the Contributor Content and to grant Fearless & Framed all of the license rights granted herein.


END USER GENERATED CONTENT

Except with respect to Contributor Content described above, end users grant to Fearless & Framed and its affiliates and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sublicenseable, and transferable license to use, reproduce, transmit, publicly display, distribute, and make available for any purpose regardless of the form or medium any content that they upload to the Communities (“User Generated Content”). User Generated Content, shall include, but is not limited to, images, videos, and text, such as comments about the Communities or about Contributor Content, or comments submitted as guest entries. Fearless & Framed reserves the right to amend, redact and/or delete comments for any reason.

Both Contributors and End Users (collectively referred to as “You’) may download content and materials displayed in the Communities for supporting your use of the Community, provided that you retain all copyright and other proprietary notices contained in such content and materials.

You understand that Fearless & Framed does not guarantee that confidentiality of any content that you submit to Fearless & Framed or the Communities. You agree not to provide Fearless & Framed with any content unless you have all of the rights (including rights from the copyright owner) necessary to grant Fearless & Framed the foregoing use license, and to satisfy all of the warranty requirements described above.


CONTRIBUTOR & END USER RELATIONSHIPS

Fearless & Framed is not responsible for any content or communications exchanged between the Contributors and the end users of the Community. Further, your reliance upon any information provided by Fearless & Framed, Fearless & Framed’s contractors and employees, if any, others appearing in the Communities at invitation by Fearless & Framed, or other visitors or users of the Communities is solely at your own risk.

Fearless & Framed does not involve itself in any agreement between any Contributors and end users. Thus, Fearless & Framed is not responsible for any expectations or outcomes of the relationship. The end user is solely responsible for assessing the honesty, integrity, experience, and reliability of any Contributor. Further, Fearless & Framed is not responsible for the accuracy, update, or maintenance of content uploaded, transmitted, or posted to the Communities.


PROHIBITED USES

Both Contributors and End Users agree that you will not use the Community to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Communities.

Specifically, you are prohibited from, without limitation:

Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the
Website;
Suggesting an affiliation with or endorsement by Fearless & Framed;
Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise
attempting to solicit information from anyone under the age of 18;
Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever
form, including providing pirated computer programs or software or links to them, or providing
information to circumvent copyright protected notices or devices;
Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to
interfere with the operation of the Website;
Circumventing Fearless & Framed’s technological or security protection mechanisms;
Using a script, robot, spider, scraper, or other automated technology to access the Website;
Attempting to gain access to the private data or personal information of a user of the Website or a third
party;
Posting or transmitting content intended to collect personal or personally identifiable information from
users of the Website or third parties;
Harassing and/or stalking a third party through your use of the Website;
Impersonating another or creating multiple alias accounts;
Using the Website in furtherance of any unlawful sexual solicitation;
Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
Posting or transmitting content that infringes upon the intellectual property rights or other personal or
proprietary rights of other users of the Website or third parties;
Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene,
profane, sexually oriented, racially offensive, or otherwise harmful;
Posting or transmitting content that incites any illegal activity;
Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing
scam, a pyramid scheme, or a chain letter; or
Posting or transmitting content that violates any term or condition of this Agreement.
Your violation of any term or condition of this section may result in the immediate termination of your
registration account and profile and the disabling of your access to the Community.


WARRANTIES AND REPRESENTATIONS

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere the acceptable use policy and to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to Fearless & Framed LLC’s Property is accurate and valid. You shall be solely responsible for your own content and the consequences of submitting and publishing your content in the Property. You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to the Communities. You agree to comply in good faith with the terms of this Agreement.

You will not use the Property in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Property. The Property is operated in the United States and Fearless & Framed makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.


ASSIGNMENT

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Fearless & Framed may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Property or any portion thereof.


CHANGES

Fearless and Framed LLC reserves the right to change, modify or update this policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on this site. If you have questions or concerns, please email us via the contact form on the site.