Terms of Service

Terms of Service for Purchase and Use of Curt Lydy Photography Sports Photographs

Last Updated: 20240410

1. Acceptance of Terms

By purchasing or downloading any photographs from Curt Lydy Photography, you agree to abide by the following terms and conditions ("Terms of Service"). If you do not agree with these terms, do not purchase or download any photographs.

2. Grant of License

Upon purchase or download, Curt Lydy Photography grants you a limited, non-exclusive, non-transferable license to use the photographs for personal, non-commercial use only.

3. Restrictions on Use

You are expressly prohibited from using the photographs for any commercial purposes, including but not limited to:

Advertising or promoting any products, services, or brands.
Reselling or redistributing the photographs.
Creating derivative works or altering the photographs in any way.
Using the photographs in any manner that infringes upon the intellectual property rights of Curt Lydy Photography or any third party.
4. Copyright and Ownership

All photographs remain the sole and exclusive property of Curt Lydy Photography and are protected by international copyright laws and treaties. Any unauthorized use, reproduction, or distribution of the photographs is strictly prohibited and may result in legal action.

5. Express Written Permission for Commercial Use

Any company, business, or individual seeking to use the photographs for commercial purposes, including but not limited to advertising, marketing, or promotional activities, must obtain express written permission from Curt Lydy Photography. To request permission, please contact:

Email: contact@curtlydyphotography.com

6. No Transfer of Rights

Purchasing or downloading the photographs does not transfer the copyright, ownership, or any other intellectual property rights to the purchaser. You acknowledge and agree that Curt Lydy Photography retains all rights, title, and interest in and to the photographs, including all intellectual property rights.

7. Liability and Indemnification

Curt Lydy Photography shall not be liable for any damages, including but not limited to, direct, indirect, incidental, punitive, and consequential damages, arising out of your use or inability to use the photographs.

You agree to indemnify, defend, and hold harmless Curt Lydy Photography, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms of Service or your use of the photographs in violation of these terms.

8. Refunds and Returns

All sales of photographs are final. No refunds or returns will be accepted unless the photographs are defective or damaged upon receipt. If you believe that the photographs are defective or damaged, please contact Curt Lydy Photography within 7 days of purchase with a detailed description of the issue for a resolution.

9. Termination

Curt Lydy Photography reserves the right to terminate this license and revoke your access to the photographs at any time for violation of these Terms of Service. Upon termination, you must immediately cease all use of the photographs and delete or destroy all copies of the photographs in your possession or control.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Ohio, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Ohio.

11. Changes to Terms of Service

Curt Lydy Photography reserves the right to modify or update these Terms of Service at any time without prior notice. Your continued use of the photographs after any such changes constitutes your acceptance of the new Terms of Service.

12. Entire Agreement

These Terms of Service constitute the entire agreement between you and Curt Lydy Photography regarding the purchase and use of the photographs and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Contact Information

For any questions or inquiries regarding these Terms of Service, please contact:

Curt Lydy Photography

Email: contact@curtlydyphotography.com
Phone: 419-966-8251