Memories By Matthew, LLC
Website Privacy Policy and Terms of Use & Privacy Policy
Effective Date: July 31st, 2026
Welcome to the website of Memories By Matthew, LLC ("Memories By Matthew," "Company," "we," "our," or "us"). These Terms of Use ("Terms") constitute a legally binding agreement between Memories By Matthew and each person or entity who accesses or uses this website, including all webpages, content, photographs, videos, graphics, text, features, functionality, and services made available through the website (collectively, the "Website").
By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms, as they may be amended from time to time. If you do not agree to these Terms, you must immediately discontinue use of the Website.
These Terms govern solely your access to and use of the Website. They do not govern the provision of photography, videography, editing, or other professional services, all of which are subject to separate written agreements between Memories By Matthew and its clients. In the event of any conflict between these Terms and a separately executed written agreement for professional services, the written agreement shall control with respect to those services.
These Terms constitute the entire agreement between you and Memories By Matthew regarding your access to and use of the Website and supersede all prior or contemporaneous understandings, communications, or agreements relating solely to such use.
1. Purpose: The Website is owned and operated by Memories By Matthew, LLC for the purpose of providing general information regarding the Company, its photography and videography services, portfolio, artistic style, experience, and contact information. The Website is intended solely for informational and promotional purposes.
The information, photographs, videos, and other content made available on the Website are provided to assist visitors in learning about the Company and its services. Nothing contained on the Website shall be construed as a guarantee of availability, pricing, scheduling, deliverables, or the terms upon which photography or videography services may be offered.
Your access to or use of the Website, including the submission of an inquiry through the Website's contact form or by email, does not create a contractual relationship between you and Memories By Matthew, LLC, nor does it reserve an event date, obligate either party to enter into a contract, or create any fiduciary or other special relationship.
Photography and videography services are provided only pursuant to a separate written agreement executed by Memories By Matthew, LLC and the client. Any proposal, quotation, estimate, invoice, or communication provided through the Website or in response to an inquiry is for informational purposes only and shall not be binding unless incorporated into a fully executed written agreement. Memories By Matthew, LLC reserves the right to accept or decline any inquiry, project, or request for services in its sole discretion.
2. Intellectual Property Rights. All content available on or through the Website, including, without limitation, photographs, videos, images, graphics, illustrations, logos, trademarks, service marks, trade names, text, captions, blog posts, written materials, designs, layouts, page headers, icons, audiovisual works, compilations, software, source code (to the extent owned by Memories By Matthew, LLC), and all other content and materials displayed on or made available through the Website (collectively, the "Website Content"), are owned by or licensed to Memories By Matthew, LLC and are protected by the copyright, trademark, trade secret, and other intellectual property laws of the United States and other applicable jurisdictions.
Except as expressly permitted by these Terms or with the prior written consent of Memories By Matthew, LLC, no Website Content may be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, sold, licensed, sublicensed, modified, adapted, translated, publicly performed, publicly displayed, incorporated into another work, or otherwise exploited, in whole or in part, for any purpose.
Subject to these Terms, Memories By Matthew, LLC grants you a limited, revocable, non exclusive, non-transferable, and non-sublicensable license to access and view the Website and its Website Content solely for your personal, non-commercial, informational use. This limited license does not transfer any ownership or intellectual property rights in the Website or Website Content and may be revoked at any time.
No provision of these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyright, trademark, service mark, trade name, logo, photograph, video, or other intellectual property of Memories By Matthew, LLC except as expressly set forth herein.
All rights not expressly granted in these Terms are expressly reserved by Memories By Matthew, LLC.
3. Artificial Intelligence, Automated Access, and Website Scraping. The Website Content represents the substantial creative effort, artistic expression, and intellectual property of Memories By Matthew, LLC. Unauthorized copying, harvesting, or automated collection of the Website Content may cause substantial and irreparable harm.
Accordingly, except with the prior written consent of Memories By Matthew, LLC, you shall NOT, directly or indirectly, do any of the following:
A. Automated Access: Access, monitor, scrape, crawl, spider, index, harvest, copy, cache, download, extract, or otherwise collect any Website Content through the use of any automated or semi-automated means, including, without limitation, robots, bots, crawlers, spiders, scripts, browser automation tools, artificial intelligence agents, autonomous software, data harvesting tools, or similar technologies.
B. Artificial intelligence and Machine Learning: Use, reproduce, copy, download, process, analyze, ingest, or otherwise exploit any Website Content for the purpose of:
No license, authorization, or consent is granted for any AI-related use of the Website or the Website Content.
C. Competitive Use: Access or use the Website or any Website Content for the purpose of developing, marketing, promoting, operating, or improving any business, product, service, or technology that competes with Memories By Matthew, LLC, or for any commercial purpose not expressly authorized by Memories By Matthew, LLC in writing.
D. Circumvention of Security Measures: Circumvent, disable, interfere with, or attempt to bypass any technological protection measures, access restrictions, robots.txt directives, metadata restrictions, digital rights management technologies, or other security features implemented by Memories By Matthew, LLC to regulate or protect access to the Website or the Website Content.
E. Reservation of Rights: Memories By Matthew, LLC reserves the right to investigate any suspected violation of this Section and to employ reasonable technological or legal measures to detect, prevent, restrict, or terminate unauthorized automated access to the Website.
Any unauthorized use of the Website or Website Content in violation of this Section may result in immediate termination of your permission to access the Website and may subject you to civil or criminal liability under applicable federal and state law.
4. Permitted Uses: Subject to your compliance with these Terms, Memories By Matthew, LLC grants you a limited, revocable, non-exclusive, non-transferable, and non sublicensable permission to access and use the Website solely for your personal, lawful, and non-commercial informational purposes.
You may use the Website only to:
• learn about Memories By Matthew, LLC and its photography and videography services;
• view the Website Content through a standard web browser;
• submit legitimate inquiries regarding photography or videography services through the Website's contact form or other contact information provided on the Website; and
• otherwise use the Website in a manner expressly permitted by these Terms.
Except as expressly authorized in these Terms or with the prior written consent of Memories By Matthew, LLC, no other rights or permissions are granted with respect to the Website or the Website Content.
Your permission to access and use the Website is personal to you and may not be assigned, transferred, sublicensed, or shared with any other person or entity.
Nothing contained in these Terms shall be construed as granting you any ownership interest in, license to, or other right to use any Website Content except the limited permission expressly granted in this Section.
Memories By Matthew, LLC reserves the right to revoke or restrict your permission to access or use the Website at any time, with or without notice, if it reasonably believes that you have violated these Terms or applicable law.
5. Prohibited Uses: You agree that you shall not use the Website or any Website Content in any manner that is unlawful, prohibited by these Terms, or that could interfere with the operation, security, or integrity of the Website. Without limiting the foregoing, you agree that you shall not:
A. Violate any applicable federal, state, local, or international law, regulation, or ordinance.
B. Copy, reproduce, publish, distribute, display, transmit, modify, adapt, create derivative works from, sell, license, sublicense, or otherwise exploit any Website Content except as expressly authorized by these Terms or with the prior written consent of Memories By Matthew, LLC.
C. Use the Website or any Website Content in violation of Section 3 (Artificial Intelligence, Automated Access, and Website Scraping) of these Terms.
D. Attempt to gain unauthorized access to the Website, its servers, hosting environment, databases, or any systems or networks connected to the Website.
E. Introduce or transmit any virus, malware, ransomware, spyware, Trojan horse, worm, malicious code, or other harmful technology that may damage or interfere with the Website or its operation.
F. Interfere with, disrupt, overload, disable, or impair the operation, security, functionality, or availability of the Website or any server or network connected to the Website.
G. Use the Website or Website Content for any fraudulent, deceptive, defamatory, harassing, threatening, abusive, obscene, or otherwise unlawful purpose.
H. Impersonate any person or entity or falsely represent your affiliation with any person or entity.
I. Remove, alter, obscure, or falsify any copyright, trademark, watermark, attribution, metadata, or other proprietary notice appearing on or associated with any Website Content.
J. Use the Website or Website Content in any manner that infringes or misappropriates the intellectual property, privacy, publicity, or other legal rights of Memories By Matthew, LLC or any third party.
K. Encourage, assist, permit, or facilitate any other person or entity to engage in conduct prohibited by these Terms.
Memories By Matthew, LLC reserves the right to investigate any suspected violation of these Terms and to take any action it deems appropriate to protect the Website, the Website Content, and its legal rights, including restricting or terminating access to the Website and pursuing any available legal or equitable remedies.
6. Contact Form and Electronic Communication: The Website provides a contact form and other contact information solely as a convenient means for visitors to communicate with Memories By Matthew, LLC regarding photography or videography services or other legitimate business inquiries.
By submitting information through the Website's contact form or otherwise communicating with Memories By Matthew, LLC through the Website, you represent and warrant that:
A. The information you provide is true, accurate, current, and complete to the best of your knowledge.
B. You have the legal authority to provide the information submitted and to communicate with Memories By Matthew, LLC.
C. Your communications do not contain any unlawful, fraudulent, defamatory, harassing, threatening, obscene, infringing, malicious, or otherwise objectionable content.
D. Your communications do not contain viruses, malicious code, or other harmful technology.
Submission of an inquiry through the Website does not reserve an event date, create a contractual relationship, obligate Memories By Matthew, LLC to provide services, or obligate either party to enter into any future agreement. Photography and videography services are provided only pursuant to a separate written agreement executed by Memories By Matthew, LLC and the client.
By submitting an inquiry or otherwise communicating through the Website, you consent to receive communications from Memories By Matthew, LLC electronically, including by email, regarding your inquiry, requested services, scheduling, or other matters related to your communication. You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing.
Memories By Matthew, LLC reserves the right, but assumes no obligation, to respond to any inquiry and may decline to respond to or accept any request for services in its sole discretion.
7. Use of Information: Memories By Matthew, LLC uses personal information voluntarily submitted through the Website and/or the contact form solely for legitimate business purposes consistent with the operation of the Website and the services offered by the Company. Such information may be used to respond to inquiries, communicate with prospective or existing clients regarding requested photography, videography, editing, licensing, or related services, schedule consultations or appointments, prepare proposals or service agreements, and otherwise provide information requested by the individual submitting the inquiry.
Memories By Matthew, LLC may also use submitted information to maintain its internal business records, document communications, administer client relationships, improve customer service, comply with applicable legal and regulatory obligations, resolve disputes, protect its legal rights and interests, and carry out other lawful business activities reasonably related to the operation of its photography and videography business.
Except as otherwise disclosed in this Privacy Policy, Memories By Matthew, LLC does not use personal information submitted through the Website for unsolicited marketing, mass email campaigns, behavioral advertising, or any purpose materially unrelated to the inquiry or services requested by the individual. Should the Company's data collection or marketing practices change in the future, this Privacy Policy will be updated accordingly.
Memories By Matthew, LLC limits its collection and use of personal information to that which it reasonably believes is necessary and appropriate for the purposes described in this Privacy Policy and does not knowingly collect personal information beyond that voluntarily provided by Website visitors through the Website's contact form.
8. Information Sharing: Memories By Matthew, LLC respects your privacy and does not sell, rent, lease, trade, or otherwise disclose your personal information to third parties for their marketing, advertising, or commercial purposes.
Personal information submitted through the Website may be disclosed only when Memories By Matthew, LLC determines in good faith that such disclosure is reasonably necessary or appropriate to: (a) comply with applicable federal, state, or local laws, regulations, court orders, subpoenas, or other legal process; (b) protect or enforce the legal rights, property, or safety of Memories By Matthew, LLC, its owners, employees, contractors, clients, or others; (c) investigate, prevent, or address suspected fraud, security incidents, unauthorized access, violations of this Privacy Policy or the Website's Terms of Use, or other unlawful activity; or (d) comply with a lawful governmental request.
In the event Memories By Matthew, LLC utilizes third-party service providers to assist in operating its business or Website, such providers may have access to personal information only to the extent reasonably necessary to perform services on behalf of Memories By Matthew, LLC and are expected to use such information only for the purposes for which it is provided and in accordance with applicable privacy obligations.
Except as expressly described in this Privacy Policy or as otherwise authorized by you, Memories By Matthew, LLC will not disclose your personal information to third parties.
9. Tracking Technologies: The Website currently collects only the information that visitors voluntarily submit through the Website's contact form. Memories By Matthew, LLC does not presently use cookies or similar technologies to collect personally identifiable information for marketing, advertising, behavioral profiling, or analytics purpose.
At this time, the Website does not utilize:
• Google Analytics or other website analytics services;
• advertising pixels or behavioral tracking technologies;
• remarketing or targeted advertising services;
• customer account or user login functionality;
• newsletter or email marketing subscription services; or
• online payment processing through the Website.
Certain technical information, such as IP addresses, browser type, device information, operating system, and server log data, may be automatically collected by the Website's hosting provider or other infrastructure necessary to operate and secure the Website. Such information is generally used for website administration, security, troubleshooting, and system maintenance and is not intentionally used by Memories By Matthew, LLC to identify individual Website visitors.
If Memories By Matthew, LLC implements additional tracking technologies, analytics services, advertising tools, cookies, or other data collection methods in the future, this Privacy Policy will be updated to describe those practices and any applicable choices available to Website visitors.
10. Security: Memories By Matthew, LLC implements commercially reasonable administrative, technical, and physical safeguards designed to protect personal information voluntarily submitted through the Website from unauthorized access, use, disclosure, alteration, or destruction. Such safeguards are intended to maintain the confidentiality and integrity of information submitted through the Website and to help protect against reasonably foreseeable security risks.
Notwithstanding the foregoing, no method of transmitting information over the Internet, electronic communication, or electronic storage is completely secure or immune from unauthorized access, interception, loss, alteration, or misuse. Accordingly, Memories By Matthew, LLC cannot and does not guarantee the absolute security of any information transmitted to or from the Website.
By submitting information through the Website, you acknowledge and accept the inherent security risks associated with electronic communications and internet-based technologies. To the fullest extent permitted by applicable law, Memories By Matthew, LLC disclaims liability for any unauthorized access to, or disclosure, alteration, or destruction of, information resulting from circumstances beyond its reasonable control, including, without limitation, cyberattacks, hacking, malware, ransomware, denial-of-service attacks, failures of internet service providers, failures of third-party hosting providers, or other events beyond its reasonable control.
Website visitors are encouraged to exercise appropriate caution when transmitting information electronically and should avoid submitting highly sensitive, confidential, financial, or other information through the Website's contact form unless specifically requested by Memories By Matthew, LLC through a secure method of communication.
11. Retention of Information: Memories By Matthew, LLC retains personal information submitted through the Website only for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, including responding to inquiries, communicating regarding requested photography or videography services, maintaining business records, complying with applicable legal or regulatory obligations, resolving disputes, enforcing contractual or legal rights, and carrying out other legitimate business purpose.
The length of time personal information is retained may vary depending upon the nature of the inquiry, whether a client relationship is established, applicable recordkeeping requirements, and other relevant legal or business considerations. When personal information is no longer reasonably necessary for these purposes, Memories By Matthew, LLC may securely delete, destroy, or anonymize such information in the ordinary course of business, unless a longer retention period is required or permitted by applicable law.
Nothing in this Privacy Policy shall obligate Memories By Matthew, LLC to retain personal information for any specific period of time.
12. Children's Privacy: The Website is not directed to children under the age of thirteen (13), and Memories By Matthew, LLC does not knowingly collect personal information from children through the Website. If Memories By Matthew, LLC becomes aware that personal information has been submitted by a child under the age of thirteen, it will take reasonable steps to delete such information.
13. Portfolio Disclaimer: The photographs, videos, and other visual media displayed on the Website are intended solely to showcase the artistic style, capabilities, and prior work of Memories By Matthew, LLC. The Website Content represents examples of work performed under varying circumstances, locations, lighting conditions, weather conditions, client preferences, venues, equipment, and other factors unique to each project.
Every photography and videography session or event is unique. Accordingly, Memories By Matthew, LLC does not represent, warrant, or guarantee that any particular image, pose, composition, editing style, lighting effect, location, subject matter, color treatment, or artistic result displayed on the Website can or will be reproduced for any future client or event.
The quality, appearance, and content of photographs and videos may vary based upon numerous factors beyond the control of Memories By Matthew, LLC, including, without limitation:
• venue rules or restrictions;
• weather and environmental conditions;
• available lighting;
• event schedules and timing;
• client and participant cooperation;
• the conduct of guests or third parties;
• equipment limitations or malfunctions;
• safety considerations; and
• other circumstances unique to the event or project.
All artistic and creative decisions, including composition, posing, lighting, camera angles, image selection, cropping, editing, retouching, color grading, and final presentation, remain within the professional judgment and artistic discretion of Memories By Matthew, LLC unless otherwise expressly agreed in a separate written agreement.
Nothing contained on the Website shall be construed as a promise, warranty, or guarantee that Memories By Matthew, LLC will produce photographs or videos identical or substantially similar to those displayed in the Website portfolio.
The Website may include photographs or videos depicting minors who attended weddings, family sessions, or other events photographed or recorded by Memories By Matthew, LLC. Such images are displayed solely as examples of the Company's professional work and are published only as authorized by the applicable client agreement, model release, parental or legal guardian consent where required, or other lawful authorization. The inclusion of such images does not constitute the collection of personal information from children through the Website.
14. Third Party Links: For your convenience, the Website may contain links to third party websites, applications, social media platforms, or other online resources that are not owned, operated, or controlled by Memories By Matthew, LLC ("Third-Party Sites").
These links are provided solely as a convenience to Website visitors and do not constitute or imply any endorsement, sponsorship, affiliation, recommendation, or approval by Memories By Matthew, LLC of any Third-Party Site or any information, products, services, or content available through such Third-Party Site.
Memories By Matthew, LLC has no control over, and assumes no responsibility or liability for, the availability, accuracy, legality, security, privacy practices, terms of use, products, services, content, or operation of any Third-Party Site. Your access to and use of any Third Party Site is entirely at your own risk and is subject to the terms, conditions, and privacy policies of the applicable third party.
You acknowledge and agree that Memories By Matthew, LLC shall not be liable for any loss, damage, claim, or liability arising out of or relating to your use of, or reliance upon, any Third-Party Site or any content, products, or services made available through such Third-Party Site.
The inclusion of any link on the Website does not create any partnership, joint venture, agency, or other legal relationship between Memories By Matthew, LLC and the operator of the linked Third-Party Site.
15. Disclaimer of Warranties: THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMORIES BY MATTHEW, LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, QUALITY, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, MEMORIES BY MATTHEW, LLC DOES NOT WARRANT OR REPRESENT THAT:
A. The Website or Website Content will be accurate, complete, current, reliable, or error-free;
B. The Website will be available at any particular time or location, or that access to the Website will be uninterrupted, timely, or secure;
C. Any defects, errors, omissions, or inaccuracies will be corrected;
D. The Website or the servers that make the Website available are free of viruses, malware, or other harmful components;
E. The Website or Website Content will be compatible with your computer, mobile device, browser, operating system, software, internet connection, or other technology; or
F. The Website Content, including portfolio photographs, videos, descriptions, or other information, is suitable for any particular purpose or will satisfy your personal preferences or expectations.
Any reliance you place upon the Website or the Website Content is solely at your own risk. You assume full responsibility for any loss or damage resulting from your access to or use of the Website.
Nothing contained on the Website shall be construed as creating any warranty or guarantee regarding the availability, pricing, scheduling, quality, scope, or results of any photography or videography services, all of which are governed exclusively by a separate written agreement between Memories By Matthew, LLC and its client.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the foregoing exclusions may not apply to you to the extent prohibited by applicable law.
16. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMORIES BY MATTHEW, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER DAMAGE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO:
A. Your access to, inability to access, or use of the Website;
B. Your reliance upon any Website Content;
C. Any interruption, delay, suspension, modification, or discontinuance of the Website;
D. Any unauthorized access to or use of the Website or its supporting systems;
E. Any viruses, malware, or other harmful code transmitted through the Website by third parties;
F. Any Third-Party Sites or any products, services, or content made available through Third-Party Sites; or
G. Any other matter arising out of or relating to the Website or these Terms.
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF MEMORIES BY MATTHEW, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY, THE LIABILITY OF MEMORIES BY MATTHEW, LLC SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Nothing contained in these Terms shall limit or affect any rights or obligations arising under a separate written agreement between Memories By Matthew, LLC and a client for photography or videography services.
17. Indemnification: You agree to defend, indemnify, and hold harmless Memories By Matthew, LLC, together with its members, managers, officers, employees, agents, representatives, successors, assigns, licensors, and affiliates (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, causes of action, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:
A. Your access to or use of the Website;
B. Your violation of these Terms;
C. Your violation of any applicable federal, state, or local law, rule, or regulation;
D. Your infringement or misappropriation of any intellectual property, privacy, publicity, or other legal rights of Memories By Matthew, LLC or any third party;
E. Your unauthorized copying, downloading, distribution, reproduction, publication, modification, or other misuse of any Website Content;
F. Your violation of Section 4 (Artificial Intelligence, Automated Access, and Website Scraping) or any other unauthorized automated access to or use of the Website; or
G. Any false, misleading, unlawful, or inaccurate information submitted by you through the Website.
Memories By Matthew, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Memories By Matthew, LLC in the defense and resolution of such matter.
The obligations contained in this Section shall survive your cessation of use of the Website and the termination of these Terms.
18. Injunctive Relief: You acknowledge and agree that the Website Content constitutes valuable intellectual property and proprietary material of Memories By Matthew, LLC, and that any unauthorized access to, use of, reproduction of, distribution of, publication of, scraping of, or artificial intelligence or machine learning use of the Website or the Website Content may result in immediate and irreparable harm for which monetary damages alone may be an inadequate remedy.
Accordingly, in the event of any actual or threatened violation of these Terms, including, without limitation, any infringement or misappropriation of Memories By Matthew, LLC's intellectual property rights or any violation of Section 4 (Artificial Intelligence, Automated Access, and Website Scraping), Memories By Matthew, LLC shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other appropriate equitable relief from any court of competent jurisdiction, in addition to any other rights or remedies available at law or in equity.
The rights and remedies provided in these Terms are cumulative and are in addition to, and not in lieu of, any other rights or remedies available under applicable law, including, without limitation, rights and remedies available under federal and state copyright laws, trademark laws, computer fraud laws, unfair competition laws, and other applicable statutes or common law.
Nothing contained in this Section shall be construed as limiting Memories By Matthew, LLC's right to recover monetary damages, statutory damages, attorneys' fees, costs, or any other relief available under applicable law.
19. Modifications to the Website and These Terms: Memories By Matthew, LLC reserves the right, at any time and in its sole discretion, with or without prior notice, to modify, update, revise, suspend, discontinue, restrict, or remove all or any portion of the Website, including any Website Content, features, functionality, or services offered through the Website.
Memories By Matthew, LLC further reserves the right to modify, amend, supplement, or replace these Terms at any time in its sole discretion. Any modifications shall become effective immediately upon posting the revised Terms on the Website, unless a later effective date is expressly stated.
Your continued access to or use of the Website after revised Terms have been posted constitutes your acceptance of the modified Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website.
Memories By Matthew, LLC has no obligation to maintain or continue any particular Website feature, content, or functionality and shall not be liable to you or any third party for any modification, suspension, discontinuance, or removal of the Website or any portion thereof.
20. Governing Law and Venue: These Terms, your access to and use of the Website, and any dispute, claim, controversy, or cause of action arising out of or relating to the Website or these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the Court of Common Pleas of Northumberland County, Pennsylvania, in which Memories By Matthew, LLC maintains its principal office or, if federal jurisdiction exists, in the United States District Court having jurisdiction over that county. You irrevocably consent to the personal jurisdiction of such courts and waive any objection based upon improper venue or forum non conveniens, to the extent permitted by applicable law.
Nothing contained in these Terms shall limit the right of Memories By Matthew, LLC to seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction where such relief may be necessary to protect its intellectual property or other legal rights.
21. Severability: If any provision of these Terms, or the application of any provision to any person or circumstance, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and, if necessary, shall be deemed modified only to the minimum extent necessary to render it valid and enforceable while preserving its original intent to the greatest extent possible.
If any provision cannot be so modified, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect and shall not be affected, impaired, or invalidated thereby.
22. No Waiver: No failure or delay by Memories By Matthew, LLC in exercising any right, remedy, power, or privilege under these Terms shall operate as or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege shall preclude any other or further exercise of that or any other right, remedy, power, or privilege.
Any waiver of any provision of these Terms shall be effective only if made expressly in a written instrument signed by an authorized representative of Memories By Matthew, LLC. Any waiver of a particular provision or instance shall not constitute or be construed as a continuing waiver of any other provision or of any subsequent breach or default.
23. Entire Agreement: These Terms constitute the complete and exclusive agreement between you and Memories By Matthew, LLC regarding your access to and use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, warranties, communications, and discussions, whether oral, written, or electronic, relating to the Website or your use thereof.
No statement, representation, advertisement, description, or information contained on the Website or otherwise communicated by Memories By Matthew, LLC shall modify or supplement these Terms unless expressly incorporated into these Terms or set forth in a written instrument signed by an authorized representative of Memories By Matthew, LLC.
These Terms govern only your access to and use of the Website. Any photography, videography, editing, licensing, or other professional services provided by Memories By Matthew, LLC shall be governed exclusively by the separate written agreement applicable to those services. In the event of any conflict between these Terms and such separate written agreement, the separate written agreement shall control with respect to the services provided thereunder.
24. Contact Information: If you have any questions regarding these Terms or the Website, or wish to report suspected infringement or unauthorized use of Website Content, you may contact Memories By Matthew, LLC through the contact form available on the Website or by email at [email protected].
Communications submitted through the Website's contact form or by email do not create any contractual, fiduciary, or other special relationship between you and Memories By Matthew, LLC. No agreement for photography, videography, licensing, or other professional services shall exist unless and until the parties execute a separate written agreement.
By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms, as they may be amended from time to time. If you do not agree to these Terms, you must immediately discontinue use of the Website.
These Terms govern solely your access to and use of the Website. They do not govern the provision of photography, videography, editing, or other professional services, all of which are subject to separate written agreements between Memories By Matthew and its clients. In the event of any conflict between these Terms and a separately executed written agreement for professional services, the written agreement shall control with respect to those services.
These Terms constitute the entire agreement between you and Memories By Matthew regarding your access to and use of the Website and supersede all prior or contemporaneous understandings, communications, or agreements relating solely to such use.
1. Purpose: The Website is owned and operated by Memories By Matthew, LLC for the purpose of providing general information regarding the Company, its photography and videography services, portfolio, artistic style, experience, and contact information. The Website is intended solely for informational and promotional purposes.
The information, photographs, videos, and other content made available on the Website are provided to assist visitors in learning about the Company and its services. Nothing contained on the Website shall be construed as a guarantee of availability, pricing, scheduling, deliverables, or the terms upon which photography or videography services may be offered.
Your access to or use of the Website, including the submission of an inquiry through the Website's contact form or by email, does not create a contractual relationship between you and Memories By Matthew, LLC, nor does it reserve an event date, obligate either party to enter into a contract, or create any fiduciary or other special relationship.
Photography and videography services are provided only pursuant to a separate written agreement executed by Memories By Matthew, LLC and the client. Any proposal, quotation, estimate, invoice, or communication provided through the Website or in response to an inquiry is for informational purposes only and shall not be binding unless incorporated into a fully executed written agreement. Memories By Matthew, LLC reserves the right to accept or decline any inquiry, project, or request for services in its sole discretion.
2. Intellectual Property Rights. All content available on or through the Website, including, without limitation, photographs, videos, images, graphics, illustrations, logos, trademarks, service marks, trade names, text, captions, blog posts, written materials, designs, layouts, page headers, icons, audiovisual works, compilations, software, source code (to the extent owned by Memories By Matthew, LLC), and all other content and materials displayed on or made available through the Website (collectively, the "Website Content"), are owned by or licensed to Memories By Matthew, LLC and are protected by the copyright, trademark, trade secret, and other intellectual property laws of the United States and other applicable jurisdictions.
Except as expressly permitted by these Terms or with the prior written consent of Memories By Matthew, LLC, no Website Content may be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, sold, licensed, sublicensed, modified, adapted, translated, publicly performed, publicly displayed, incorporated into another work, or otherwise exploited, in whole or in part, for any purpose.
Subject to these Terms, Memories By Matthew, LLC grants you a limited, revocable, non exclusive, non-transferable, and non-sublicensable license to access and view the Website and its Website Content solely for your personal, non-commercial, informational use. This limited license does not transfer any ownership or intellectual property rights in the Website or Website Content and may be revoked at any time.
No provision of these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyright, trademark, service mark, trade name, logo, photograph, video, or other intellectual property of Memories By Matthew, LLC except as expressly set forth herein.
All rights not expressly granted in these Terms are expressly reserved by Memories By Matthew, LLC.
3. Artificial Intelligence, Automated Access, and Website Scraping. The Website Content represents the substantial creative effort, artistic expression, and intellectual property of Memories By Matthew, LLC. Unauthorized copying, harvesting, or automated collection of the Website Content may cause substantial and irreparable harm.
Accordingly, except with the prior written consent of Memories By Matthew, LLC, you shall NOT, directly or indirectly, do any of the following:
A. Automated Access: Access, monitor, scrape, crawl, spider, index, harvest, copy, cache, download, extract, or otherwise collect any Website Content through the use of any automated or semi-automated means, including, without limitation, robots, bots, crawlers, spiders, scripts, browser automation tools, artificial intelligence agents, autonomous software, data harvesting tools, or similar technologies.
B. Artificial intelligence and Machine Learning: Use, reproduce, copy, download, process, analyze, ingest, or otherwise exploit any Website Content for the purpose of:
- • training, developing, testing, validating, benchmarking, evaluating, or improving any artificial intelligence, generative artificial intelligence, machine learning, neural network, deep learning, computer vision, image recognition, facial recognition, large language model, diffusion model, or similar technology;
- • creating or contributing to datasets, embeddings, metadata collections, feature extraction systems, synthetic media, or derivative databases;
- • generating prompts, outputs, model weights, or other AI-related products or services; or
- • permitting or assisting any third party to engage in any of the foregoing activities.
No license, authorization, or consent is granted for any AI-related use of the Website or the Website Content.
C. Competitive Use: Access or use the Website or any Website Content for the purpose of developing, marketing, promoting, operating, or improving any business, product, service, or technology that competes with Memories By Matthew, LLC, or for any commercial purpose not expressly authorized by Memories By Matthew, LLC in writing.
D. Circumvention of Security Measures: Circumvent, disable, interfere with, or attempt to bypass any technological protection measures, access restrictions, robots.txt directives, metadata restrictions, digital rights management technologies, or other security features implemented by Memories By Matthew, LLC to regulate or protect access to the Website or the Website Content.
E. Reservation of Rights: Memories By Matthew, LLC reserves the right to investigate any suspected violation of this Section and to employ reasonable technological or legal measures to detect, prevent, restrict, or terminate unauthorized automated access to the Website.
Any unauthorized use of the Website or Website Content in violation of this Section may result in immediate termination of your permission to access the Website and may subject you to civil or criminal liability under applicable federal and state law.
4. Permitted Uses: Subject to your compliance with these Terms, Memories By Matthew, LLC grants you a limited, revocable, non-exclusive, non-transferable, and non sublicensable permission to access and use the Website solely for your personal, lawful, and non-commercial informational purposes.
You may use the Website only to:
• learn about Memories By Matthew, LLC and its photography and videography services;
• view the Website Content through a standard web browser;
• submit legitimate inquiries regarding photography or videography services through the Website's contact form or other contact information provided on the Website; and
• otherwise use the Website in a manner expressly permitted by these Terms.
Except as expressly authorized in these Terms or with the prior written consent of Memories By Matthew, LLC, no other rights or permissions are granted with respect to the Website or the Website Content.
Your permission to access and use the Website is personal to you and may not be assigned, transferred, sublicensed, or shared with any other person or entity.
Nothing contained in these Terms shall be construed as granting you any ownership interest in, license to, or other right to use any Website Content except the limited permission expressly granted in this Section.
Memories By Matthew, LLC reserves the right to revoke or restrict your permission to access or use the Website at any time, with or without notice, if it reasonably believes that you have violated these Terms or applicable law.
5. Prohibited Uses: You agree that you shall not use the Website or any Website Content in any manner that is unlawful, prohibited by these Terms, or that could interfere with the operation, security, or integrity of the Website. Without limiting the foregoing, you agree that you shall not:
A. Violate any applicable federal, state, local, or international law, regulation, or ordinance.
B. Copy, reproduce, publish, distribute, display, transmit, modify, adapt, create derivative works from, sell, license, sublicense, or otherwise exploit any Website Content except as expressly authorized by these Terms or with the prior written consent of Memories By Matthew, LLC.
C. Use the Website or any Website Content in violation of Section 3 (Artificial Intelligence, Automated Access, and Website Scraping) of these Terms.
D. Attempt to gain unauthorized access to the Website, its servers, hosting environment, databases, or any systems or networks connected to the Website.
E. Introduce or transmit any virus, malware, ransomware, spyware, Trojan horse, worm, malicious code, or other harmful technology that may damage or interfere with the Website or its operation.
F. Interfere with, disrupt, overload, disable, or impair the operation, security, functionality, or availability of the Website or any server or network connected to the Website.
G. Use the Website or Website Content for any fraudulent, deceptive, defamatory, harassing, threatening, abusive, obscene, or otherwise unlawful purpose.
H. Impersonate any person or entity or falsely represent your affiliation with any person or entity.
I. Remove, alter, obscure, or falsify any copyright, trademark, watermark, attribution, metadata, or other proprietary notice appearing on or associated with any Website Content.
J. Use the Website or Website Content in any manner that infringes or misappropriates the intellectual property, privacy, publicity, or other legal rights of Memories By Matthew, LLC or any third party.
K. Encourage, assist, permit, or facilitate any other person or entity to engage in conduct prohibited by these Terms.
Memories By Matthew, LLC reserves the right to investigate any suspected violation of these Terms and to take any action it deems appropriate to protect the Website, the Website Content, and its legal rights, including restricting or terminating access to the Website and pursuing any available legal or equitable remedies.
6. Contact Form and Electronic Communication: The Website provides a contact form and other contact information solely as a convenient means for visitors to communicate with Memories By Matthew, LLC regarding photography or videography services or other legitimate business inquiries.
By submitting information through the Website's contact form or otherwise communicating with Memories By Matthew, LLC through the Website, you represent and warrant that:
A. The information you provide is true, accurate, current, and complete to the best of your knowledge.
B. You have the legal authority to provide the information submitted and to communicate with Memories By Matthew, LLC.
C. Your communications do not contain any unlawful, fraudulent, defamatory, harassing, threatening, obscene, infringing, malicious, or otherwise objectionable content.
D. Your communications do not contain viruses, malicious code, or other harmful technology.
Submission of an inquiry through the Website does not reserve an event date, create a contractual relationship, obligate Memories By Matthew, LLC to provide services, or obligate either party to enter into any future agreement. Photography and videography services are provided only pursuant to a separate written agreement executed by Memories By Matthew, LLC and the client.
By submitting an inquiry or otherwise communicating through the Website, you consent to receive communications from Memories By Matthew, LLC electronically, including by email, regarding your inquiry, requested services, scheduling, or other matters related to your communication. You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing.
Memories By Matthew, LLC reserves the right, but assumes no obligation, to respond to any inquiry and may decline to respond to or accept any request for services in its sole discretion.
7. Use of Information: Memories By Matthew, LLC uses personal information voluntarily submitted through the Website and/or the contact form solely for legitimate business purposes consistent with the operation of the Website and the services offered by the Company. Such information may be used to respond to inquiries, communicate with prospective or existing clients regarding requested photography, videography, editing, licensing, or related services, schedule consultations or appointments, prepare proposals or service agreements, and otherwise provide information requested by the individual submitting the inquiry.
Memories By Matthew, LLC may also use submitted information to maintain its internal business records, document communications, administer client relationships, improve customer service, comply with applicable legal and regulatory obligations, resolve disputes, protect its legal rights and interests, and carry out other lawful business activities reasonably related to the operation of its photography and videography business.
Except as otherwise disclosed in this Privacy Policy, Memories By Matthew, LLC does not use personal information submitted through the Website for unsolicited marketing, mass email campaigns, behavioral advertising, or any purpose materially unrelated to the inquiry or services requested by the individual. Should the Company's data collection or marketing practices change in the future, this Privacy Policy will be updated accordingly.
Memories By Matthew, LLC limits its collection and use of personal information to that which it reasonably believes is necessary and appropriate for the purposes described in this Privacy Policy and does not knowingly collect personal information beyond that voluntarily provided by Website visitors through the Website's contact form.
8. Information Sharing: Memories By Matthew, LLC respects your privacy and does not sell, rent, lease, trade, or otherwise disclose your personal information to third parties for their marketing, advertising, or commercial purposes.
Personal information submitted through the Website may be disclosed only when Memories By Matthew, LLC determines in good faith that such disclosure is reasonably necessary or appropriate to: (a) comply with applicable federal, state, or local laws, regulations, court orders, subpoenas, or other legal process; (b) protect or enforce the legal rights, property, or safety of Memories By Matthew, LLC, its owners, employees, contractors, clients, or others; (c) investigate, prevent, or address suspected fraud, security incidents, unauthorized access, violations of this Privacy Policy or the Website's Terms of Use, or other unlawful activity; or (d) comply with a lawful governmental request.
In the event Memories By Matthew, LLC utilizes third-party service providers to assist in operating its business or Website, such providers may have access to personal information only to the extent reasonably necessary to perform services on behalf of Memories By Matthew, LLC and are expected to use such information only for the purposes for which it is provided and in accordance with applicable privacy obligations.
Except as expressly described in this Privacy Policy or as otherwise authorized by you, Memories By Matthew, LLC will not disclose your personal information to third parties.
9. Tracking Technologies: The Website currently collects only the information that visitors voluntarily submit through the Website's contact form. Memories By Matthew, LLC does not presently use cookies or similar technologies to collect personally identifiable information for marketing, advertising, behavioral profiling, or analytics purpose.
At this time, the Website does not utilize:
• Google Analytics or other website analytics services;
• advertising pixels or behavioral tracking technologies;
• remarketing or targeted advertising services;
• customer account or user login functionality;
• newsletter or email marketing subscription services; or
• online payment processing through the Website.
Certain technical information, such as IP addresses, browser type, device information, operating system, and server log data, may be automatically collected by the Website's hosting provider or other infrastructure necessary to operate and secure the Website. Such information is generally used for website administration, security, troubleshooting, and system maintenance and is not intentionally used by Memories By Matthew, LLC to identify individual Website visitors.
If Memories By Matthew, LLC implements additional tracking technologies, analytics services, advertising tools, cookies, or other data collection methods in the future, this Privacy Policy will be updated to describe those practices and any applicable choices available to Website visitors.
10. Security: Memories By Matthew, LLC implements commercially reasonable administrative, technical, and physical safeguards designed to protect personal information voluntarily submitted through the Website from unauthorized access, use, disclosure, alteration, or destruction. Such safeguards are intended to maintain the confidentiality and integrity of information submitted through the Website and to help protect against reasonably foreseeable security risks.
Notwithstanding the foregoing, no method of transmitting information over the Internet, electronic communication, or electronic storage is completely secure or immune from unauthorized access, interception, loss, alteration, or misuse. Accordingly, Memories By Matthew, LLC cannot and does not guarantee the absolute security of any information transmitted to or from the Website.
By submitting information through the Website, you acknowledge and accept the inherent security risks associated with electronic communications and internet-based technologies. To the fullest extent permitted by applicable law, Memories By Matthew, LLC disclaims liability for any unauthorized access to, or disclosure, alteration, or destruction of, information resulting from circumstances beyond its reasonable control, including, without limitation, cyberattacks, hacking, malware, ransomware, denial-of-service attacks, failures of internet service providers, failures of third-party hosting providers, or other events beyond its reasonable control.
Website visitors are encouraged to exercise appropriate caution when transmitting information electronically and should avoid submitting highly sensitive, confidential, financial, or other information through the Website's contact form unless specifically requested by Memories By Matthew, LLC through a secure method of communication.
11. Retention of Information: Memories By Matthew, LLC retains personal information submitted through the Website only for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, including responding to inquiries, communicating regarding requested photography or videography services, maintaining business records, complying with applicable legal or regulatory obligations, resolving disputes, enforcing contractual or legal rights, and carrying out other legitimate business purpose.
The length of time personal information is retained may vary depending upon the nature of the inquiry, whether a client relationship is established, applicable recordkeeping requirements, and other relevant legal or business considerations. When personal information is no longer reasonably necessary for these purposes, Memories By Matthew, LLC may securely delete, destroy, or anonymize such information in the ordinary course of business, unless a longer retention period is required or permitted by applicable law.
Nothing in this Privacy Policy shall obligate Memories By Matthew, LLC to retain personal information for any specific period of time.
12. Children's Privacy: The Website is not directed to children under the age of thirteen (13), and Memories By Matthew, LLC does not knowingly collect personal information from children through the Website. If Memories By Matthew, LLC becomes aware that personal information has been submitted by a child under the age of thirteen, it will take reasonable steps to delete such information.
13. Portfolio Disclaimer: The photographs, videos, and other visual media displayed on the Website are intended solely to showcase the artistic style, capabilities, and prior work of Memories By Matthew, LLC. The Website Content represents examples of work performed under varying circumstances, locations, lighting conditions, weather conditions, client preferences, venues, equipment, and other factors unique to each project.
Every photography and videography session or event is unique. Accordingly, Memories By Matthew, LLC does not represent, warrant, or guarantee that any particular image, pose, composition, editing style, lighting effect, location, subject matter, color treatment, or artistic result displayed on the Website can or will be reproduced for any future client or event.
The quality, appearance, and content of photographs and videos may vary based upon numerous factors beyond the control of Memories By Matthew, LLC, including, without limitation:
• venue rules or restrictions;
• weather and environmental conditions;
• available lighting;
• event schedules and timing;
• client and participant cooperation;
• the conduct of guests or third parties;
• equipment limitations or malfunctions;
• safety considerations; and
• other circumstances unique to the event or project.
All artistic and creative decisions, including composition, posing, lighting, camera angles, image selection, cropping, editing, retouching, color grading, and final presentation, remain within the professional judgment and artistic discretion of Memories By Matthew, LLC unless otherwise expressly agreed in a separate written agreement.
Nothing contained on the Website shall be construed as a promise, warranty, or guarantee that Memories By Matthew, LLC will produce photographs or videos identical or substantially similar to those displayed in the Website portfolio.
The Website may include photographs or videos depicting minors who attended weddings, family sessions, or other events photographed or recorded by Memories By Matthew, LLC. Such images are displayed solely as examples of the Company's professional work and are published only as authorized by the applicable client agreement, model release, parental or legal guardian consent where required, or other lawful authorization. The inclusion of such images does not constitute the collection of personal information from children through the Website.
14. Third Party Links: For your convenience, the Website may contain links to third party websites, applications, social media platforms, or other online resources that are not owned, operated, or controlled by Memories By Matthew, LLC ("Third-Party Sites").
These links are provided solely as a convenience to Website visitors and do not constitute or imply any endorsement, sponsorship, affiliation, recommendation, or approval by Memories By Matthew, LLC of any Third-Party Site or any information, products, services, or content available through such Third-Party Site.
Memories By Matthew, LLC has no control over, and assumes no responsibility or liability for, the availability, accuracy, legality, security, privacy practices, terms of use, products, services, content, or operation of any Third-Party Site. Your access to and use of any Third Party Site is entirely at your own risk and is subject to the terms, conditions, and privacy policies of the applicable third party.
You acknowledge and agree that Memories By Matthew, LLC shall not be liable for any loss, damage, claim, or liability arising out of or relating to your use of, or reliance upon, any Third-Party Site or any content, products, or services made available through such Third-Party Site.
The inclusion of any link on the Website does not create any partnership, joint venture, agency, or other legal relationship between Memories By Matthew, LLC and the operator of the linked Third-Party Site.
15. Disclaimer of Warranties: THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMORIES BY MATTHEW, LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, QUALITY, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, MEMORIES BY MATTHEW, LLC DOES NOT WARRANT OR REPRESENT THAT:
A. The Website or Website Content will be accurate, complete, current, reliable, or error-free;
B. The Website will be available at any particular time or location, or that access to the Website will be uninterrupted, timely, or secure;
C. Any defects, errors, omissions, or inaccuracies will be corrected;
D. The Website or the servers that make the Website available are free of viruses, malware, or other harmful components;
E. The Website or Website Content will be compatible with your computer, mobile device, browser, operating system, software, internet connection, or other technology; or
F. The Website Content, including portfolio photographs, videos, descriptions, or other information, is suitable for any particular purpose or will satisfy your personal preferences or expectations.
Any reliance you place upon the Website or the Website Content is solely at your own risk. You assume full responsibility for any loss or damage resulting from your access to or use of the Website.
Nothing contained on the Website shall be construed as creating any warranty or guarantee regarding the availability, pricing, scheduling, quality, scope, or results of any photography or videography services, all of which are governed exclusively by a separate written agreement between Memories By Matthew, LLC and its client.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the foregoing exclusions may not apply to you to the extent prohibited by applicable law.
16. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMORIES BY MATTHEW, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER DAMAGE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO:
A. Your access to, inability to access, or use of the Website;
B. Your reliance upon any Website Content;
C. Any interruption, delay, suspension, modification, or discontinuance of the Website;
D. Any unauthorized access to or use of the Website or its supporting systems;
E. Any viruses, malware, or other harmful code transmitted through the Website by third parties;
F. Any Third-Party Sites or any products, services, or content made available through Third-Party Sites; or
G. Any other matter arising out of or relating to the Website or these Terms.
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF MEMORIES BY MATTHEW, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY, THE LIABILITY OF MEMORIES BY MATTHEW, LLC SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Nothing contained in these Terms shall limit or affect any rights or obligations arising under a separate written agreement between Memories By Matthew, LLC and a client for photography or videography services.
17. Indemnification: You agree to defend, indemnify, and hold harmless Memories By Matthew, LLC, together with its members, managers, officers, employees, agents, representatives, successors, assigns, licensors, and affiliates (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, causes of action, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:
A. Your access to or use of the Website;
B. Your violation of these Terms;
C. Your violation of any applicable federal, state, or local law, rule, or regulation;
D. Your infringement or misappropriation of any intellectual property, privacy, publicity, or other legal rights of Memories By Matthew, LLC or any third party;
E. Your unauthorized copying, downloading, distribution, reproduction, publication, modification, or other misuse of any Website Content;
F. Your violation of Section 4 (Artificial Intelligence, Automated Access, and Website Scraping) or any other unauthorized automated access to or use of the Website; or
G. Any false, misleading, unlawful, or inaccurate information submitted by you through the Website.
Memories By Matthew, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Memories By Matthew, LLC in the defense and resolution of such matter.
The obligations contained in this Section shall survive your cessation of use of the Website and the termination of these Terms.
18. Injunctive Relief: You acknowledge and agree that the Website Content constitutes valuable intellectual property and proprietary material of Memories By Matthew, LLC, and that any unauthorized access to, use of, reproduction of, distribution of, publication of, scraping of, or artificial intelligence or machine learning use of the Website or the Website Content may result in immediate and irreparable harm for which monetary damages alone may be an inadequate remedy.
Accordingly, in the event of any actual or threatened violation of these Terms, including, without limitation, any infringement or misappropriation of Memories By Matthew, LLC's intellectual property rights or any violation of Section 4 (Artificial Intelligence, Automated Access, and Website Scraping), Memories By Matthew, LLC shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other appropriate equitable relief from any court of competent jurisdiction, in addition to any other rights or remedies available at law or in equity.
The rights and remedies provided in these Terms are cumulative and are in addition to, and not in lieu of, any other rights or remedies available under applicable law, including, without limitation, rights and remedies available under federal and state copyright laws, trademark laws, computer fraud laws, unfair competition laws, and other applicable statutes or common law.
Nothing contained in this Section shall be construed as limiting Memories By Matthew, LLC's right to recover monetary damages, statutory damages, attorneys' fees, costs, or any other relief available under applicable law.
19. Modifications to the Website and These Terms: Memories By Matthew, LLC reserves the right, at any time and in its sole discretion, with or without prior notice, to modify, update, revise, suspend, discontinue, restrict, or remove all or any portion of the Website, including any Website Content, features, functionality, or services offered through the Website.
Memories By Matthew, LLC further reserves the right to modify, amend, supplement, or replace these Terms at any time in its sole discretion. Any modifications shall become effective immediately upon posting the revised Terms on the Website, unless a later effective date is expressly stated.
Your continued access to or use of the Website after revised Terms have been posted constitutes your acceptance of the modified Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website.
Memories By Matthew, LLC has no obligation to maintain or continue any particular Website feature, content, or functionality and shall not be liable to you or any third party for any modification, suspension, discontinuance, or removal of the Website or any portion thereof.
20. Governing Law and Venue: These Terms, your access to and use of the Website, and any dispute, claim, controversy, or cause of action arising out of or relating to the Website or these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the Court of Common Pleas of Northumberland County, Pennsylvania, in which Memories By Matthew, LLC maintains its principal office or, if federal jurisdiction exists, in the United States District Court having jurisdiction over that county. You irrevocably consent to the personal jurisdiction of such courts and waive any objection based upon improper venue or forum non conveniens, to the extent permitted by applicable law.
Nothing contained in these Terms shall limit the right of Memories By Matthew, LLC to seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction where such relief may be necessary to protect its intellectual property or other legal rights.
21. Severability: If any provision of these Terms, or the application of any provision to any person or circumstance, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and, if necessary, shall be deemed modified only to the minimum extent necessary to render it valid and enforceable while preserving its original intent to the greatest extent possible.
If any provision cannot be so modified, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect and shall not be affected, impaired, or invalidated thereby.
22. No Waiver: No failure or delay by Memories By Matthew, LLC in exercising any right, remedy, power, or privilege under these Terms shall operate as or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege shall preclude any other or further exercise of that or any other right, remedy, power, or privilege.
Any waiver of any provision of these Terms shall be effective only if made expressly in a written instrument signed by an authorized representative of Memories By Matthew, LLC. Any waiver of a particular provision or instance shall not constitute or be construed as a continuing waiver of any other provision or of any subsequent breach or default.
23. Entire Agreement: These Terms constitute the complete and exclusive agreement between you and Memories By Matthew, LLC regarding your access to and use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, warranties, communications, and discussions, whether oral, written, or electronic, relating to the Website or your use thereof.
No statement, representation, advertisement, description, or information contained on the Website or otherwise communicated by Memories By Matthew, LLC shall modify or supplement these Terms unless expressly incorporated into these Terms or set forth in a written instrument signed by an authorized representative of Memories By Matthew, LLC.
These Terms govern only your access to and use of the Website. Any photography, videography, editing, licensing, or other professional services provided by Memories By Matthew, LLC shall be governed exclusively by the separate written agreement applicable to those services. In the event of any conflict between these Terms and such separate written agreement, the separate written agreement shall control with respect to the services provided thereunder.
24. Contact Information: If you have any questions regarding these Terms or the Website, or wish to report suspected infringement or unauthorized use of Website Content, you may contact Memories By Matthew, LLC through the contact form available on the Website or by email at [email protected].
Communications submitted through the Website's contact form or by email do not create any contractual, fiduciary, or other special relationship between you and Memories By Matthew, LLC. No agreement for photography, videography, licensing, or other professional services shall exist unless and until the parties execute a separate written agreement.
