Disclaimer and Terms

See You Behind the Lens... is a site set up with the intention of helping digital camera users to improve their photographic skills and to showcase work done by Dakota Visions Photography, LLC (DVP).  DVP has been running since 2011 – as a photography portfolio site first and then implementing the See You Behind the Lens... blog. Since its inception, the site has grown from just a handful of readers through to hundreds of visitors a day and thousands a month.

To help the site expand and to cover costs of running the site, DVP runs some advertising on the site and engages in the use of affiliate links. The advertising earns us a small commission, and the  affiliate links (largely to the Amazon store and onOne Software) earn DVP a small commission on any purchases that anyone makes when they visit Amazon or onOne Software after clicking on one of our links.

These commissions help us keep See You Behind the Lens... growing.  Thank you for being a faithful viewer of Dakota Visions Photography, LLC and See You Behind the Lens...

Community Guidelines
We encourage the sharing of ideas and opinions on the topic of photography, but Dakota Visions Photography, LLC and SeeYouBehindtheLens.com (from here on noted as DVP, we, or us) is not an “anything goes” website.  SeeYouBehindtheLens.com users come from all locations and backgrounds, and have diverse thoughts, beliefs, and feelings. Keep this in mind when you participate in the community and treat others with respect. Postings that attack another person’s postings motivation, intelligence, or character degrade the quality of the discussion and discourage thoughtful comments by others. Comments posted to the site should be either in the form of sincere questions or responsive answers, otherwise they are not likely to be useful.  DVP does not, and cannot, review all of the information and materials provided in post discussions and has no responsibility or liability for any such information or materials or their use. If DVP becomes aware of any information or materials that it determines violate the terms of this Agreement or that we deem inappropriate in its sole discretion, DVP reserves the right to delete, move, or edit any such information or materials for any or no reason whatsoever in order to maintain the direction and tone that has been established on the site. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials contained on SeeYouBehindtheLens.com is at your sole risk and expense.

To the extent that you use this website, you covenant that you will: (i) comply with the policies promulgated by DVP; (ii) be solely responsible for your use of the website and any messages, information, and materials provided by you or through another user making use of your computer; (iii) not advertise or offer to sell goods or services of any kind on any discussion area without written approval from DVP; and (iv) not upload, post, publish, or transmit any messages, information, or materials that (a) restrict or inhibit any other user from accessing, using or enjoying the Web Site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of DVP or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (g) contain any viruses or other harmful component.

We respect our users’ intellectual property, and claim no copyright to anything posted on the site by our users. However, as a stipulation of using SeeYouBehindtheLens.com, we retain the right to keep and display anything posted by users on SeeYouBehindtheLens.com as part of the site indefinitely. If you are not prepared to accept these terms, please do not upload or contribute anything to SeeYouBehindtheLens.com.

Please familiarize yourself with our Community Guidelines. For the lengthier version of these standards, see below.

TERMS OF USE

Acceptance

By visiting or using SeeYouBehindtheLens.com, owned by Dakota Visions Photography, LLC, including all content and functionality available through the SeeYouBehindtheLens.com domain (collectively, the “Site” or “SeeYouBehindtheLens.com”, “DVP”, “we”, “us”, or “our” as appropriate), you agree to be bound by the following Terms of Use and to our Privacy Policy, found HERE, which is incorporated by reference into the Terms of Use (the “Terms”). By your acceptance of the Terms, each time you use the Site, you consent to SeeYouBehindtheLens.com's collection, use and disclosure of your information or registration data in accordance with our Privacy Policy. You also agree to follow our existing “Community Guidelines” found HERE, and any future Guidelines that we may issue. These Guidelines are published on SeeYouBehindtheLens.com and incorporated into the Terms by reference. References to the “Terms” include the Privacy Policy and any applicable Community Guidelines that are issued now or in the future. The Terms apply to all visitors and users of the Site, including users who contribute content or information and subscribers to other services on the Site. The Terms apply to individuals or entities on whose behalf a user accesses the Site. If you do not agree to the Terms, do not use the Site.

We may revise, modify or chance the Terms at any time at our discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.

User Content, Comments, Photo Galleries and Other Public Areas

SeeYouBehindtheLens.com includes information, images, photos, commentary, content, opinions, and materials that our users upload (“User Content”). You agree to upload and post only User Content that you have created yourself.  SeeYouBehindtheLens.com is not responsible for the accuracy, safety, or intellectual property rights of or relating to User Content. We do not test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another’s rights, we are not responsible if it happens.

You are responsible for your User Content, whether posted in the chat rooms, comments, photo galleries or other public posting areas on the Site. You agree to conform to Site policies and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.

User Content may not include photos or other images or material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether User Content containing nudity is acceptable. Our decision is final even if an individual user disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion or convenience. When removing images that are contained in User Content, we may remove only the images to which we object, all the images in a folder, or all the images in the User’s portfolio, at our convenience and discretion.

User Content may be, and often is, edited. Our editors and moderators, most of whom are volunteers, strive to highlight User Content that we determine to be most interesting, valuable, or useful to our community. We reserve the right to edit, redact, or delete any User Content that you upload to the Site, at our sole discretion.  SeeYouBehindtheLens.com also contains materials from experts, organizations and advertisers (“Third Party Content”).  Dakota Visions Photography, LLC is not responsible for the accuracy, reliability or usefulness of Third Party Content.

Intellectual Property Rights

Dakota Visions Photography, LLC owns all rights to the Site, its services, the technology, information, documents, files, webpages, and other products developed in connection with the Site or available on the Site. Submitting User Content to any area of the Site does NOT transfer ownership rights. You retain the ownership rights to your User Content. By submitting User Content, however, you give certain limited rights to both Dakota Visions Photography, LLC and other SeeYouBehindtheLens.com users.

You grant to other SeeYouBehindtheLens.com users permission to download a copy of images contained in your User Content, to make such alterations and markups for the purpose of commentary as they see fit, and to attach the modified images to their comments on your User Content. You also grant other Site users the right to quote your User Content in their own postings on the Site.

You grant SeeYouBehindtheLens.com the right to edit, modify, quote, or reformat your User Content on the Site. You also grant us a perpetual non-exclusive world-wide, royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content on the Site and to promote the Site.

Other than User Content or Third Party Content, we, and/or our software suppliers, own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and such content is protected by U.S. and international copyright and other intellectual property rights. Dakota Visions Photography, LLC’s selection, coordination and arrangement of content on the Site are the exclusive property of Dakota Visions Photography, LLC, and are protected as a compilation by U.S. and international laws. All software used on the Site or in conjunction with its operation is the property of Dakota Visions Photography, LLC and/or its software suppliers and is protected by U.S. and international copyright laws.

Conduct of Users

Your right to access and use the Site is subject to the following prohibitions:

You may not use the Site to advertise products or services, to solicit users to buy and sell products or services, or to make donations of any kind, without first obtaining the express written approval of Dakota Visions Photography, LLC.

You may not reproduce or distribute, or cause to be reproduced or distributed, any image or material that you retrieve from the Site, without the express prior permission of both Dakota Visions Photography, LLC and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the ordinary course of viewing or commenting on other’s User Content using a web browser in accordance with SeeYouBehindtheLens.com’s guidelines and the Terms.

You may not use the Site to violate anyone’s copyright, trademark, intellectual property rights, or privacy rights. The User Content that you submit must be your work in its entirety.

You may not use or launch any automated system, including “robots”, “spiders”, or “offline readers”, that access the Site in a manner that sends more request messages to our 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.

From time to time, you may have access to other user’s email addresses. You may not gather these email addresses for purposes of spamming or for any purpose other than personal communication. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.

You may not post obscene, pornographic, degrading, harassing or humiliating User Content on the Site. Please refer to our Community Guidelines for further explanation of what is acceptable in this regard. You may not post or transmit any false, defamatory, abusive, threatening or illegal User Content or User Content that infringes on the rights of others or the ability of others to enjoy the Site. We have the right to determine, in our sole discretion, whether User Content violates these restrictions or is otherwise unfit for the Site. We have the sole right to delete, modify, or edit any such User Content that you upload to the Site.

Failure to abide by these restrictions may result in sanctions including termination of your user privileges on SeeYouBehindtheLens.com and cancellation of your account, as well as legal sanctions, if applicable.

Security

We use all reasonable security measures to protect the loss, misuse, and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the Site.

If you live outside the United States, you understand and agree that Dakota Visions Photography, LLC stores and processes your information on computers located in the United States, and by providing any data to SeeYouBehindtheLens.com, you consent to the transfer of such information to the United States.

Third Party Websites

The Site contains links to third party websites that we do not own or control, including sites that may appear within User Content.  Dakota Visions Photography, LLC does not review or edit the content of any third party links, and we have no control over what happens at any third party website.  Dakota Visions Photography, LLC assumes no responsibility for the content, policies or practices of any third party websites. You expressly agree to release Dakota Visions Photography, LLC from any liability that arises from your use of a third party website.

Legal Age and Ability to Accept Terms

The SeeYouBehindtheLens.com website is not intended for minors under the age of 18. By using the Site, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 18, please do not post User Content or use this Site.

Notices

From time to time, Dakota Visions Photography, LLC uses its users’ email addresses to send email notices about matters relating to the Site. Users are responsible to keep email addresses current.  Dakota Visions Photography LLC shall not be responsible for any failure of notice due to an out-of date email address.

Account Termination

Dakota Visions Photography LLC reserves the right to terminate your account or your access to and use of SeeYouBehindtheLens.com's services at any time, at its sole discretion for any reason, with or without cause. If you violate these Terms, Dakota Visions Photography LLC may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.

Indemnity

You agree to indemnify and hold SeeYouBehindtheLens.com and Dakota Visions Photography LLC, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any User Content you post on the Site.

Reservation of Rights

You may access SeeYouBehindtheLens content, including user content, only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.

General
The Terms and this Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site. Dakota Visions Photography LLC may also assign any rights and licenses granted in the Terms without restriction. You also maybe be subject to additional terms and conditions that may apply when you use or purchase certain other Dakota Visions Photography LLC services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between the Term and any information included in off-line materials, the Terms shall take precedence. Any claim or dispute with Dakota Visions Photography LLC  arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of South Dakota. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with Dakota Visions Photography LLC, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or Dakota Visions Photography LLC is permanently barred.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY DAKOTA VISIONS PHOTOGRAPHY, LLC ON AN “AS IS” AND 
“AS AVAILABLE” BASIS. DAKOTA VISIONS PHOTOGRAPHY, LLC  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, DAKOTA VISIONS PHOTOGRAPHY, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, DAKOTA VISIONS PHOTOGRAPHY, LLC DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR E-MAIL SENT FROM SEEYOUBEHINDTHELENS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL DAKOTA VISIONS PHOTOGRAPHY, LLC BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SEEYOUBEHINDTHELENS.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGE ARISES FROM USE OR MISUSE OF THE DAKOTA VISIONS PHOTOGRAPHY, LLC  WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE DAKOTA VISIONS PHOTOGRAPHY, LLC  WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DAKOTA VISIONS PHOTOGRAPHY, LLC WEBSITE OR THE SERVICES, OR VIEWING OF PHOTOS, ITS HOSTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, DAKOTA VISIONS PHOTOGRAPHY, LLC CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITES, OR THE COPYING OF PHOTOS OR MATERIALS BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAKOTA VISIONS PHOTOGRAPHY, LLC OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

WE DO NOT GUARANTEE THAT DAKOTA VISIONS PHOTOGRAPHY, LLC  WILL BE SAFE OR SECURE. DAKOTA VISIONS PHOTOGRAPHY, LLC  IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEER MODERATORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DAKOTA VISIONS PHOTOGRAPHY, LLC  EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DAKOTA VISIONS PHOTOGRAPHY, LLC WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DAKOTA VISIONS PHOTOGRAPHY, LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

©2013 Dakota Visions Photography, LLC, and contributors.