Welcome to Sofie Dittmann Photography
Last Updated: 11/05/2019
I. Using Our Services (General Overview)
You may use our Services only if you can form a binding contract with Sofie Dittmann Photography. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 18. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
We reserve the right to terminate access to our website and content for any individual or group who are found to pursue or actively advocate for causes or other individuals deemed hateful, including but not limited to:
or in short in any other way promoting a cause which is deemed going contrary to anti-discrimination principles and/or therefore violating somebody else’s civil rights (including, but not limited acts and/or statements of hate based on the race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation of another person). Such individuals/groups will be barred permanently from the site.
Individuals and groups with the sole purpose of supporting candidates for political office are also not accepted. Exceptions may be made in cases where the individual/group is working towards a cause benefiting society overall, like immigration reform for example. If you believe you or your group have been rejected in error, contact us.
We also reserve the right to reject and bar any user at any time who violates our terms and conditions, threatens other Users or infringes on the (copy)rights of others. Decisions are final.
The access to or use of certain areas and features of the Sofie Dittmann Photography Website may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Sofie Dittmann Photography, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
You must register an account (“Sofie Dittmann Photography Account”) to access and use certain features of the Sofie Dittmann Portrait Photography Website as prompted by the Site, such as publishing or reading content. Sofie Dittmann Photography determines what content is reserved for registered Users only at our discretion.
II. User Identity
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to
ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users,
screen Users against third party databases or other sources and request reports from service providers, and
where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
III. User Registration
As stated under “I. Using Our Services (General Overview)”, you must register an account (“Sofie Dittmann Portrait Photography Account”) to access and use certain features of the Sofie Dittmann Portrait Photography Website as prompted by the Site, such as publishing or reading content. Sofie Dittmann Photography determines what content is reserved for registered Users only at our discretion. If you are registering an Sofie Dittmann Portrait Photography Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register an Sofie Dittmann Photography Account using an email address and creating a password. At this point we do not allow registering through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”).
You must provide accurate, current and complete information during the registration process and keep your Sofie Dittmann Photography Account and Sofie Dittmann Portrait Photography Account profile page information up-to-date at all times. If you are found to have utilized false information, such as hoax names or non-existing email addresses, in order to gain access to our content, you will be immediately terminated as a user and barred from the site.
You may not register more than one (1) Sofie Dittmann Photography Account unless Sofie Dittmann Photography authorizes you to do so. You may not assign or otherwise transfer your Sofie Dittmann Photography Account to another party.
You are responsible for maintaining the confidentiality and security of your Sofie Dittmann Photography Account credentials and may not disclose your credentials to any third party. You must immediately notify Sofie Dittmann Photography if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Sofie Dittmann Photography Account. You are liable for any and all activities conducted through your Sofie Dittmann Photography Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Mobile Application License
Some of our Services may be available on mobile devices and these Terms apply to your use of our Services on such devices. If you are accessing the Services via a mobile application (the “Application”), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on mobile devices owned and controlled by you, and to access and use the Services on those devices. You agree to only use the Application for the purpose for which it was designed and intended, and, unless such restrictions are prohibited by law, not to reverse engineer or de-compile the Application, attempt to do so, or assist anyone in doing so. Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Services may display both Sofie Dittmann Photography-created content and content that is not created or developed by Sofie Dittmann Photography. We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. We cannot guarantee the accuracy, adequacy or quality of any such content, or the qualifications of those posting it.
The Sofie Dittmann Photography Website, Sofie Dittmann Photography Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Sofie Dittmann Photography Website and Sofie Dittmann Photography Content, including all associated intellectual property rights, are the exclusive property of Sofie Dittmann Photography and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sofie Dittmann Photography Website, Sofie Dittmann Photography Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sofie Dittmann Photography used on or in connection with the Sofie Dittmann Photography Website and Sofie Dittmann Photography Content are trademarks or registered trademarks of Sofie Dittmann Photography in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sofie Dittmann Photography Website, Sofie Dittmann Photography Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sofie Dittmann Photography Website or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms.
Sofie Dittmann Photography utilizes third-party providers to process payments for example for donations. Any disputes regarding issues with payments or donations need to be resolved with the respective payment provider.
VIII. User Contributions/Content
Sofie Dittmann Photography may, at its sole discretion, enable Users to
create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Sofie Dittmann Photography Website (“User Content”); and
access and view User Content and any content that Sofie Dittmann Photography itself makes available on or through the Sofie Dittmann Photography Website, including proprietary Sofie Dittmann Photography content and any content licensed or authorized for use by or through Sofie Dittmann Photography from a third party (“Sofie Dittmann Photography Content” and together with User Content, “Collective Content”).
Sofie Dittmann Photography may include interactive areas in which you may post original content and information (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post. You are also solely responsible for your use of such interactive features and use them at your own risk. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to Sofie Dittmann Photography , you give Sofie Dittmann Photography and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Sofie Dittmann Photography website, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
The Sofie Dittmann Photography Website, Sofie Dittmann Photography Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries.
You acknowledge and agree that the Sofie Dittmann Photography Website and Sofie Dittmann Photography Content, including all associated intellectual property rights, are the exclusive property of Sofie Dittmann Photography and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sofie Dittmann Photography Website, Sofie Dittmann Photography Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sofie Dittmann Photography used on or in connection with the Sofie Dittmann Photography Website and Sofie Dittmann Photography Content are trademarks or registered trademarks of Sofie Dittmann Photography in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sofie Dittmann Photography Website, Sofie Dittmann Photography Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sofie Dittmann Photography Website or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sofie Dittmann Photography or its licensors, except for the licenses and rights expressly granted in these Terms.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Sofie Dittmann Photography Website, you grant to Sofie Dittmann Photography a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Sofie Dittmann Photography Website, in any media or website. Unless you provide specific consent, Sofie Dittmann Photography does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
You are solely responsible for all User Content that you make available on or through the Sofie Dittmann Photography Website. Accordingly, you represent and warrant that:
you either are the sole and exclusive owner of all User Content that you make available on or through the Sofie Dittmann Photography Website or you have all rights, licenses, consents and releases that are necessary to grant to Sofie Dittmann Photography the rights in and to such User Content, as contemplated under these Terms; and
neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Sofie Dittmann Photography’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that:
is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
is defamatory, libelous, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person;
promotes illegal or harmful activities or substances; or
violates Sofie Dittmann Photography’s Content Policy or any other Sofie Dittmann Photography policy.
Sofie Dittmann Photography may, without prior notice, remove or disable access to any User Content that Sofie Dittmann Photography finds to be in violation of these Terms or Sofie Dittmann Photography’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Sofie Dittmann Photography, its Users, third parties, or property.
Sofie Dittmann Photography respects copyright law and expects its Users to do the same. If you believe that any content on the Sofie Dittmann Photography Website infringes copyrights you own, please notify us in accordance with our Copyright Policy.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Sofie Dittmann Photography ‘s Designated Copyright Agent:
Sofie Dittmann Photography Copyright Agent
email: contact_us AT portraits.sdittmann.com
X. Translations/Multi-Lingual Offering and Content
To extend the Sofie Dittmann Photography Website and to increase the reach of our content, some content may be displayed on other websites, in applications, within emails, and in online and offline advertisements at our discretion in accordance with copyright law. To assist Users who speak different languages, content may be translated, in whole or in part, into other languages. Sofie Dittmann Photography cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Sofie Dittmann Photography Website may contain translations powered by Google or a third-party plug-in such as Polylang. Polylang and Google disclaim all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
XI. Third-Party Sites/Services/Content
The Sofie Dittmann Photography Website may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Sofie Dittmann Photography is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sofie Dittmann Photography of such Third-Party Services.
Due to the nature of the Internet, Sofie Dittmann Photography cannot guarantee the continuous and uninterrupted availability and accessibility of the Sofie Dittmann Photography Website. Sofie Dittmann Photography may restrict the availability of the Sofie Dittmann Photography Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Sofie Dittmann Photography Website. Sofie Dittmann Photography may improve, enhance and modify the Sofie Dittmann Photography Website and introduce new Sofie Dittmann Photography Services from time to time.
While Sofie Dittmann Photography strives to provide quality Services and Content, there are some things that we cannot guarantee. If you choose to use the Sofie Dittmann Photography Website or Collective Content, you do so voluntarily and at your sole risk. The Sofie Dittmann Photography Website and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
Editorial and other content is offered as guidance only, and is not meant, nor should it be construed as, a replacement for certified, professional expertise
You acknowledge that our Services and Software might include third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information and data, that our Services and Content may be incomplete, may contain inaccuracies, or may be based on opinion. Sofie Dittmann Photography DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, Sofie Dittmann Photography AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES AND CONTENT. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” Sofie Dittmann Photography ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
XIV. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Sofie Dittmann Photography Website. In connection with your use of the Sofie Dittmann Photography Website, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
use the Sofie Dittmann Photography Website or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Sofie Dittmann Photography endorsement, partnership or otherwise misleads others as to your affiliation with Sofie Dittmann Photography;
use the Sofie Dittmann Photography Website in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a User, any content or parts of content to which you do not own the copyright;
contact another User for any purpose other than asking a question related to a your own booking, Listing, or the User’s use of the Sofie Dittmann Photography Website, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
request, accept or make any payment for Sofie Dittmann Photography content. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Sofie Dittmann Photography harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Sofie Dittmann Photography Website or Collective Content, or any individual element within the Sofie Dittmann Photography Website, Sofie Dittmann Photography’s name, any Sofie Dittmann Photography trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Sofie Dittmann Photography Website, without Sofie Dittmann Photography’s express written consent;
dilute, tarnish or otherwise harm the Sofie Dittmann Photography brand in any way, including through unauthorized use of Collective Content, registering and/or using Sofie Dittmann Photography or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sofie Dittmann Photography domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Sofie Dittmann Photography Website for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Sofie Dittmann Photography or any of Sofie Dittmann Photography’s providers or any other third party to protect the Sofie Dittmann Photography Website;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sofie Dittmann Photography Website;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Sofie Dittmann Photography Website;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Sofie Dittmann Photography has no obligation to monitor the access to or use of the Sofie Dittmann Photography Website by any User or to review, disable access to, or edit any User Content, but has the right to do so to in order to
operate, secure and improve the Sofie Dittmann Photography Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
ensure Users’ compliance with these Terms;
comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
respond to User Content that it determines is harmful or objectionable; or
as otherwise set forth in these Terms. Users agree to cooperate with and assist Sofie Dittmann Photography in good faith, and to provide Sofie Dittmann Photography with such information and take such actions as may be reasonably requested by Sofie Dittmann Photography with respect to any investigation undertaken by Sofie Dittmann Photography or a representative of Sofie Dittmann Photography regarding the use or abuse of the Sofie Dittmann Photography Website.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who
engages in offensive, violent or sexually inappropriate behavior,
you suspect of stealing from you, or
engages in any other disturbing conduct,
you should immediately report such person to the appropriate authorities and then to Sofie Dittmann Photography by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
XV. Limitation of Liability
Participation in any Experience or Event or use of any other Service, whether in person or online remains with you. Neither Sofie Dittmann Photography nor any other party involved in creating, producing, or delivering the Sofie Dittmann Photography Website or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
from the use of or inability to use the Sofie Dittmann Photography Website or Collective Content,
third-party WordPress plugins and/or themes,
from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Sofie Dittmann Photography Website, or
from your utilization of the Sofie Dittmann Photography Website or Sofie Dittmann Photography Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sofie Dittmann Photography has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Sofie Dittmann Photography OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND SOFTWARE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Sofie Dittmann Photography, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
You agree to defend, indemnify and hold harmless Sofie Dittmann Photography, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Sofie Dittmann Photography reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Sofie Dittmann Photography Website and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Sofie Dittmann Photography Website will constitute acceptance of the revised Terms.
This Dispute Resolution and Arbitration Agreement shall apply if you
reside in the United States; or
do not reside in the United States, but bring any claim against Sofie Dittmann Photography in the United States (to the extent not in conflict with “Applicable Law and Venue”).
Overview of Dispute Resolution Process.
Sofie Dittmann Photography is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Sofie Dittmann Photography’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this section). Specifically, the process provides:
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
Pre-Arbitration Dispute Resolution and Notification.
Prior to initiating an arbitration, you and Sofie Dittmann Photography each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Sofie Dittmann Photography’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Agreement to Arbitrate.
You and Sofie Dittmann Photography mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Sofie Dittmann Photography Website, the Volunteer Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Sofie Dittmann Photography agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement.
You and Sofie Dittmann Photography each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules – Arbitration Hearing/Location.
In order to make the arbitration most convenient to you, Sofie Dittmann Photography agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Wayne County; (c) in any other location to which you and Sofie Dittmann Photography both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs.
You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Sofie Dittmann Photography agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver.
You and Sofie Dittmann Photography acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
No Class Actions or Representative Proceedings.
You and Sofie Dittmann Photography acknowledge and agree that we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Sofie Dittmann Photography both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Except as provided in elsewhere in this section, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions of “Modification of these Terms”, if Sofie Dittmann Photography changes this section “Dispute Resolution and Arbitration Agreement” after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Sofie Dittmann Photography’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sofie Dittmann Photography in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
Except as provided within and subject to other sections in these Terms, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Sofie Dittmann Photography Website or terminate your Sofie Dittmann Photography Account.
XIX. Applicable Law and Venue
The laws of the State of Ohio, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Wayne County, Ohio, and you and Sofie Dittmann Photography consent to personal jurisdiction and exclusive venue in such courts.
XX. Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Sofie Dittmann Photography terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time via the “Cancel Account” feature on the Sofie Dittmann Photography Website or by sending us an email. If you cancel your Sofie Dittmann Photography Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Sofie Dittmann Photography Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
Without limiting our rights specified below, Sofie Dittmann Photography may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Sofie Dittmann Photography may immediately, without notice terminate this Agreement if
you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,
you have violated applicable laws, regulations or third-party rights, or
Sofie Dittmann Photography believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sofie Dittmann Photography, its Users, or third parties (for example in the case of fraudulent behavior of a User).
In addition, Sofie Dittmann Photography may take any of the following measures
to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if
you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third-party rights,
you have provided inaccurate, fraudulent, outdated or incomplete information during the Sofie Dittmann Photography Account registration, content creation process or thereafter, or (iv) Sofie Dittmann Photography otherwise becomes aware of or has received complaints about your performance or conduct, or
Sofie Dittmann Photography believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sofie Dittmann Photography, its Users, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any User Content;
limit your access to or use of the Sofie Dittmann Photography Website;
temporarily or permanently revoke any special status associated with your Sofie Dittmann Photography Account; or
temporarily or in case of severe or repeated offenses permanently suspend your Sofie Dittmann Photography Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sofie Dittmann Photography and an opportunity to resolve the issue to Sofie Dittmann Photography’s reasonable satisfaction.
Notwithstanding any of these Terms, Sofie Dittmann Photography reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and view any Content, and to block or prevent your access to and use of the Services. Sofie Dittmann Photography reserves the right to refuse service to anyone for any reason at any time if they are found to be in material violation (see: Prohibited Activities). In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Website, or any other data.
When this Agreement has been terminated, you are not entitled to a restoration of your Sofie Dittmann Photography Account or any of your User Content. If your access to or use of the Sofie Dittmann Photography Website has been limited or your Sofie Dittmann Photography Account has been suspended or this Agreement has been terminated by us, you may not register a new Sofie Dittmann Photography Account or access and use the Sofie Dittmann Photography Website through an Sofie Dittmann Photography Account of another User.
XXI. Entire Agreement
These Terms constitute the entire agreement between you and Sofie Dittmann Photography with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.
XXII. Waiver, Severability, and Assignment
Sofie Dittmann Photography’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Sofie Dittmann Photography may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
XXIII. Questions and Contact Information
Any questions or comments about the Site or its contents, contact us.