Terms & Conditions
These Terms and Conditions of Use (the “Terms of Use”) apply to the websites owned or operated by MauroMedia LTD. (“MooseMan Nature Photos”) currently located at www.moosemannaturephotos.com and www.moosemannaturephotos.com/shop (collectively, the “Sites”).
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SITES, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. If you do not agree with these Terms of Use, please do not use the Sites.
MooseMan Nature Photos reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. MooseMan Nature Photos will post a notification on these Sites or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use these Sites after the date they become effective. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MooseMan Nature Photos grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Content & Intellectual Property
All articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites is owned by MooseMan Nature Photos or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.
All trademarks appearing on these Sites are the property of their respective owners, including, in some instances, MooseMan Nature Photos. Nothing contained on these Sites should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by MooseMan Nature Photos or by any third party.
When accessing these Sites, you agree to obey the law and to respect the intellectual property rights of MooseMan Nature Photos and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.
All materials contained or distributed in these Sites (the “Materials”) are owned by MooseMan Nature Photos or its licensors. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of MooseMan Nature Photos and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.
2. Your Use of the Site; Restrictions
You may browse these Sites and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Sites may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without MooseMan Nature Photos’s express prior written consent.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites, or in any way reproduce or circumvent the navigational structure or presentation of the Sites, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any server of MooseMan Nature Photos, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing these Sites, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of MooseMan Nature Photos, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or MooseMan Nature Photos’s systems or networks, or any systems or networks connected to the Sites or to MooseMan Nature Photos.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to these Sites, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” these Sites. In addition, you agree not to use these Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of these Sites, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing MooseMan Nature Photos’s name or trademarks without MooseMan Nature Photos’s express written consent.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MooseMan Nature Photos on or through the Sites or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Sites, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MooseMan Nature Photos or others. Without limiting the generality of any terms or conditions set forth herein, in using the Sites, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Any violation of MooseMan Nature Photos’s system or network security may subject you to civil and/or criminal liability.
3. Feedback & User Content
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Sites or MooseMan Nature Photos that you provide to MooseMan Nature Photos (but excluding your PII) (collectively, “Feedback”) is deemed to be MooseMan Nature Photos’s proprietary information. MooseMan Nature Photos may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Sites, and MooseMan Nature Photos shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
These Sites may contain interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on these Sites, you hereby grant to MooseMan Nature Photos and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to MooseMan Nature Photos and its affiliates, and each of their respective licensees, successors, and assigns. MooseMan Nature Photos is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, and phone number(s) (collectively, “PII”) that you may provide to MooseMan Nature Photos, and which is subject to the privacy standards set forth in MooseMan Nature Photos’s Privacy Policy. To access parts of these Sites or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of these Sites that all the information you provide on these Sites, including, but not limited to, PII, is correct, current and complete.
4. Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites, including, but not limited to, contests, promotions or other similar features (as further described in Section 5 below), all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service.
All prices, discounts, and promotions posted on these Sites are subject to change without notice. MooseMan Nature Photos may, from time to time, offer promotions or other discounts on product purchases. MooseMan Nature Photos reserves the right to suspend any such promotions, update product information and change prices at any time without notice. Furthermore, MooseMan Nature Photos reserves the right to change, limit, refuse, or cancel any order you place at our sole discretion. MooseMan Nature Photos strives to display accurate price information; however, the Sites may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. MooseMan Nature Photos reserves the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.
Terms of payment are within MooseMan Nature Photos’s sole discretion and, unless otherwise agreed in writing, payment must be received before MooseMan Nature Photos’s acceptance of an order. Currently, you may make purchases through the Sites conditioned upon your agreement that your method of payment and payment information are processed via PayPal and Stripe, and therefore, MooseMan Nature Photos does not take responsibility for your payment information. Nonetheless, by entering into any transaction through the Sites, you warrant and represent that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices; and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site.
If MooseMan Nature Photos determines, in its sole discretion, that you have engaged in an improper transaction, MooseMan Nature Photos reserves the right to immediately terminate any pending transactions, suspend your access to the Sites, and terminate all of MooseMan Nature Photos’s obligations hereunder.
By agreeing to the Terms of Use, you consent that the payment processing services for products purchased on these Sites are processed via PayPal and Stripe.
Return and Exchange Policy
Merch Shop (apparel, accessories)
Items in their original condition may be returned within 7 -10 days of purchase for a full refund. Note that the shipping fee is not refundable and a three dollar restocking fee will be withheld from the refund. Please contact our customer service team at mooseman@moosemannaturephotos.com and they will respond with return instructions.
Unfortunately, at this time MooseMan Nature Photos cannot offer you an exchange on any purchases. We apologize for this inconvenience and will update this policy as soon as possible
Please do not send your purchase back to the manufacturer, fulfillment facility, or MooseMan Nature Photos.
Print shop Terms
Custom Print Shop Terms.
All sales are final no returns or exchanges. If there are any quality issues with your custom product, we will replace upon review. Please contact us at team at mooseman@moosemannaturephotos.com.
Unfortunately, at this time MooseMan Nature Photos cannot offer you an exchange on any purchases. We apologize for this inconvenience and will update this policy as soon as possible.
5. Sweepstakes, Contests, and Promotions
Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit MooseMan Nature Photos to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.
6. Privacy
MooseMan Nature Photos’s Privacy Policy applies to use of these Sites, and its terms are made a part of these Terms of Use by this reference. You can view MooseMan Nature Photos’s Privacy Policy here:https://www.moosemannaturephotos.com/privacy-policy. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
7. Third-Party Content, Links and Services
The Sites may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of MooseMan Nature Photos making this Third-Party Content available or accessible to you, you acknowledge that MooseMan Nature Photos has not reviewed all of the Third-Party Content and that MooseMan Nature Photos is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by MooseMan Nature Photos or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, MooseMan Nature Photos is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. MooseMan Nature Photos may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.
If MooseMan Nature Photos provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through MooseMan Nature Photos’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. MooseMan Nature Photos does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.
8. Co-Branded Products or Services
MooseMan Nature Photos may offer products or services that may be co-branded or offered in conjunction with another company. If you register for or use such products or services, you agree that both MooseMan Nature Photos and the other company may receive, and MooseMan Nature Photos may share, your data (including, without limitation, your PII) in order to fulfill and provide you with the co-branded products or services. For more information, please see MooseMan Nature Photos’s Privacy Policy.
9. Monitoring; Copyright Complaints
You agree that MooseMan Nature Photos has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in MooseMan Nature Photos’s sole discretion, any Material and Content anywhere on these Sites. Notwithstanding this right, MooseMan Nature Photos does not and cannot review all Materials, User Content, PII, and Feedback submitted to these Sites. If notified, MooseMan Nature Photos may investigate an allegation that content transmitted to MooseMan Nature Photos is in violation of these Terms of Use, and MooseMan Nature Photos will determine whether to have the communication removed. However, MooseMan Nature Photos is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of these Sites, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
MooseMan Nature Photos may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on these Sites in a way that constitutes copyright infringement, you may notify MooseMan Nature Photos by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at these Sites are covered by a single notification, a representative list of such works at these Sites;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MooseMan Nature Photos to locate the material;
information reasonably sufficient to permit MooseMan Nature Photos to contact you, such as an address, telephone number, and if available, an e-mail address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to MooseMan Nature Photos’s copyright agent by e-mail AND by U.S. Mail to:
Need address:
MooseMan Nature Photos
C/O Rick Libbey
PO Box 38
Andover, NH 03216
Attn: Copyright
E-mail: mooseman@moosemannaturephotos.com
E-mail Subject: “DMCA Request”
10. Disclaimers
MOOSEMAN NATURE PHOTOS DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITES WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. MOOSEMAN NATURE PHOTOS CANNOT ENSURE THAT THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOOSEMAN NATURE PHOTOS Photos DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOOSEMAN NATURE PHOTOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST MOOSEMAN NATURE PHOTOS FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
11. Applicable Law and Venue; Dispute Resolution
By use of these Sites you irrevocably consent to the application of the laws of the Colorado, without regard to its conflicts of laws provisions, to govern any and all disputes with MooseMan Nature Photos related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of Colorado. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any dispute relating in any way to your visit to these Sites shall be submitted to confidential arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate MooseMan Nature Photos’s intellectual property rights, MooseMan Nature Photos may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MOOSEMAN NATURE PHOTOS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
12. Age Restriction
THE SITES ARE INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITES FOR ANY PURPOSE. BY USING THESE SITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES ARE MOOSEMAN NATURE PHOTOS, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF MooseMan Nature Photos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Sites, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site.
Any cause of action or claim you may have with respect to these Sites must be commenced within one (1) year after the claim or cause of action arises.
Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.
14. Indemnity
You agree to defend, indemnify, and hold harmless MooseMan Nature Photos and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Sites, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Sites, including, but not limited to, any Materials or User Content, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.
MooseMan Nature Photos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without MooseMan Nature Photos’s prior written consent.
15. Rights to Terminate Use
MooseMan Nature Photos will retain your data in accordance with its Privacy Policy. Be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.
To the extent that any part of these Sites offers subscriptions to users, MooseMan Nature Photos reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.
You agree that MooseMan Nature Photos reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Sites at any time where MooseMan Nature Photos has determined, in its sole discretion that the use of the Sites by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO MOOSEMAN NATURE PHOTOS AND WITHOUT ANY LIABILITY WHATSOEVER, MOOSEMAN NATURE PHOTOS AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE.
You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to MooseMan Nature Photos, for which monetary damages would be inadequate, and you consent to MooseMan Nature Photos obtaining any injunctive or equitable relief that MooseMan Nature Photos deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MooseMan Nature Photos may have at law or in equity.
16. State-Specific Provisions.
Under California Civil Code Section 1789.3, users of these Sites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. MooseMan Nature Photos may be contacted via e-mail at mooseman@moosemannaturephotos.com.
17. Miscellaneous.
MooseMan Nature Photos’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. MooseMan Nature Photos may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without MooseMan Nature Photos’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, along with any other provisions which by their nature should survive, shall survive any termination of these Terms of Use. These Terms of Use, together with MooseMan Nature Photos’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
If you have any questions or comments regarding these Terms of Use, MooseMan Nature Photos’s Privacy Policy, or these Sites, please feel free to contact MooseMan Nature Photos by e-mail at mooseman@moosemannaturephotos.com.
These Terms of Use were last updated on August 20, 2021.