Terms of Use Agreement & Privacy Policy
Mike Capson Photography ("Mike Capson," "we," or "us") provides a website where you can view and download a number of pictures. These terms of use (this "Agreement") govern your access to and use of our web site, our mobile and online services, and any applications for mobile devices ("Mobile Software") provided on or in connection with the Mike Capson service (collectively the "Service"), so please read the Agreement carefully before using the Service.
By accessing or using the Service, you agree to be bound by this Agreement and by our Privacy Policy, whether or not you are a registered user of mikecapson.com, photo shelter,or any of our Services. This Agreement applies to all visitors, users, and others who access the Service ("Users").
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service, photoshelter account and or website (here by referred to as "service")
A Eligibility
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service or website by anyone under 13 is strictly prohibited and in violation of this Agreement. You may use the Service or website only if you can form a binding contract with Mike Capson, and only in compliance with this Agreement and all applicable local, province, national, and international laws, rules and regulations. The Service or website is not available to any Users previously removed from the Service or website by Mike Capson.
B Mike Capson Account
Mike Capson and or photoshelter may now or in the future allow Users to create accounts. Your Mike Capson/photoshelter account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Mike Capson with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Mike Capson immediately of any breach of security or unauthorized use of your account. Mike Capson will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account settings page. By providing Mike Capson your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
C Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Mike Capson servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Mike Capson grants the operators of public search engines revocable permission to use spiders to copy materials from mikecapson.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. Mike Capson expressly reserves the right to review every User account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowed levels, in our sole discretion.
You are solely responsible for your interactions with other Mike Capson Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Mike Capson shall have no liability for your interactions with other Users, or for any User's action or inaction.
2. User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, photos, music, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). You retain ownership of your User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. Your User Content and Mike Capson's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Mike Capson may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Mike Capson takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Mike Capson shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Mike Capson a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Mike Capson's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. You understand and agree, however, that Mike Capson may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
4. End User License Grant
A Mike Capson Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Mike Capson reserves all rights not expressly granted herein in the Service and the Mike Capson Content (as defined below). Mike Capson may terminate this license at any time for any reason or no reason.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Mike Capson Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Mike Capson and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Mike Capson Content. Use of the Mike Capson Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
6. Paid Services - Not available at this time
7. Disclosure of Material Connection
Mike Capson may be compensated if you click on a link and purchase one or more of the products or services recommended to you on this site or in an email, blog, or other online posting sponsored by us. In addition, some of the endorsements made on this site, or on our affiliates' sites, may be made by persons who have a financial or other interest in Mike Capson Photography or its products or services. This disclosure is made pursuant to 16 CFR, Part 255 of the Federal Trade Commission's "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
8. No Professional Advice
If the Service provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is qualified in the applicable area.
9. Privacy
We care about the privacy of our Users and clients. You understand that by using our Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Canada.
10. Security
Mike Capson cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. DMCA Policy - Not applicable at this time
12. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Mike Capson. Mike Capson does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Mike Capson's Privacy Policy do not apply to your use of such sites. You expressly relieve Mike Capson from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Mike Capson shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. Indemnity
You agree to defend, indemnify and hold harmless Mike Capson and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
14. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mike Capson OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Mike Capson, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. MIKE CAPSON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MIKE CAPSON SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MIKE CAPSON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mike Capson, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Mike Capson BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
16."Image Backup... Forever" LIMITATION OF LIABILITY
ALL OF OUR SESSION GALLERIES ARE BACKED UP ON A DAILY BASIS AS THE ENSURE THAT EVERY PHOTOGRAPH WE TAKE IS AVAILABLE AT ANY TIME. DUE TO THE NATURE OF SERVERS, NATURAL DISASTERS, CLOUD COMPUTING ETC IT IS ESSENTIAL TO UNDERSTAND THAT YOUR DATA IS SAFE HOWEVER SOMETIMES IT RARELY MAY NOT BE AVAILABLE. WE TAKE OUR BACKUPS VERY SERIOUSLY AND DO EVERYTHING IN OUR POWER TO MAKE SURE OUR PHOTOGRAPHS ARE ARCHIVED "FOREVER" HOWEVER WE ACCEPT NO LIABILITY OR RESPONSIBILITY IF SUCH PHOTOGRAPHS ARE LOST. REST ASSURED WE DO TAKE EXTREME CAUTION AND PRIDE IN OUR BACKUPS WHICH CONSIST OF MANUAL,CLOUD, AND SERVER BACKUPS. WHILE THIS LIKELY WILL NEVER HAPPEN OUR LAWYERS MADE US PUT IN THIS STIPULATION SO YOU CANNOT SUE US IF WE EVER LOOSE ANY OF YOUR PHOTOGRAPHS.
This Agreement was updated on July 1st, 2012
Please contact us with any further questions or comments
Privacy Policy
1. HOW WE COLLECT AND USER INFORMATION
Personally Identifiable Information: We collect information that can be used to identify you as an individual (“Personally Identifiable Information”) only when you provide such information directly to us in connection with the Service.
Types of Personally Identifiable Information you provide us directly: We ask for Personally Identifiable Information such as your name and e-mail address if you register for a User account with the Service, or if you correspond with us (in which case we will also retain our responses). If you purchase products or services or sign up for a paid subscription, then we will also ask for additional information, such as your credit card number and billing address. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. If you sign up for our e-mail mailing list, we will collect your name and e-mail address.
Personally Identifiable Information we may receive from third parties: We may receive Personally Identifiable Information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the mike capson application, linking your account to the mike capson Service, etc., that third party may pass certain information about your use of its service to mike capson. This information could include, but is not limited to any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to mike capson’s websites or Service.
Use of Personally Identifiable Information: We may use the Personally Identifiable Information we collect or receive to communicate directly with you. We may also send you emails containing newsletters, promotions and special offers that we believe may interest you. If you do not want to receive such email messages, we will give you the option to opt out or change your preferences. We also use your Personally Identifiable Information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
Inviting a third party to use our Service. If you choose to use our invitation service to invite a third party to the Service, we will ask you for that person’s email address and automatically send an email invitation to the invitee. We store this information to send this email, to register the invitee if your invitation is accepted, and to track the success of our invitation service. Unless the invitee becomes a registered User of the Service, we do not use the invitee’s email address for marketing purposes, and we do not share the invitee’s email address with third parties other than mike capson’s service providers. The invitee may contact us at any time to request that we remove his or her information from our info database.
Non-Personally Identifiable Information: We also collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual (“Non-Personally Identifiable Information”). We may collect, use, and disclose the following types of Non-Personally Identifiable Information:
Analytics information. We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Service. We may collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Cookies information: When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets mike capson help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time.
A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log file information: Log file information is automatically reported by your browser each time you access a web page. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.
Location data: When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Use of Non-Personally Identifiable Information we collect. We use or may use cookies, log file, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; © to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; and (i) to provide advertising to your browser or device.
2. SHARING OF YOUR INFORMATION
Personally Identifiable Information: We will not rent or sell your Personally Identifiable Information to third parties outside the mike capson and its controlled subsidiaries and affiliates without your consent, except as noted below:
Who we may share your Personally Identifiable Information with: We may share your Personally Identifiable Information with third-party business partners for the purpose of providing the Service to you (e.g., email providers, server providers, etc.). Those business partners will be given limited access to the Personally Identifiable Information that is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy.
Who you may choose to share your Personally Identifiable Information with: Any Personally Identifiable Information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.
What happens in the event of a change of control: We may buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personally Identifiable Information such as customer names and email addresses, User Content, and other User information related to the Service will likely be among the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
Instances where we are required to share your Personally Identifiable Information: mike capson will disclose Personally Identifiable Information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use, or to protect the security or integrity of our Service; and/or © to exercise or protect the rights, property, or personal safety of mike capson, our Users or others.
Non-Personally Identifiable Information: We may share Non-Personally Identifiable Information, including information obtained through tools such as cookies, log files, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) in any manner permitted for Personally Identifiable Information; and (ii) with our third-party business partners.
Ads on our Service: We may also share Non-Personally Identifiable Information with our business partners to deliver online advertisements (“ads”) that may be of interest to you. mike capson may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, and clear gifs, etc.) to compile information about your browser’s or device’s visits and usage patterns on the Service (without using any Personally Identifiable Information), and to measure the effectiveness of their ads and to personalize the advertising content. mike capson does not sell, rent, or share your Personally Identifiable Information with these third-party ad servers or ad networks for such parties’ own marketing purposes, unless you choose in advance to have your information shared for this purpose. However, please note that if an advertiser asks mike capson to show an ad to a certain audience and you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. The mike capson Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information. IF YOU ARE NOT INTERESTED IN RECEIVING PERSONALIZED ADS ON THE SERVICE, THEN SEE THE “YOUR CHOICES ABOUT YOUR INFORMATION” SECTION BELOW FOR INFORMATION ON HOW TO ADJUST YOUR PRIVACY SETTINGS.
3. HOW WE STORE AND PROTECT YOUR INFORMATION
Storage and Processing: Personally Identifiable Information collected through the Service may be stored and processed in the United States or any other country in which mike capson or its subsidiaries, affiliates or service providers maintain facilities. mike capson may transfer information that we collect about you, including Personally Identifiable Information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personally Identifiable Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which mike capson or its subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you, including Personally Identifiable Information, as described in this Privacy Policy.
Keeping your information safe: mike capson cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. However, mike capson cannot ensure or warrant the security of any information you transmit to mike capson or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of mike capson’s distributors, such as social networks. mike capson is not responsible for the functionality or security measures of any third party.
Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, mike capson will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
4. YOUR CHOICES ABOUT YOUR INFORMATION
Opting out of collection of Personally Identifiable Information: You may, of course, decline to submit any Personally Identifiable Information through the Service, in which case the mike capson may not be able to provide certain services to you.
Opting out of collection of Non-Personally Identifiable Information: Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note that disabling cookies on your mobile device or browser prevents mike capson or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted online advertising. However, doing so may disable many of the features available through the Service.
5. CHILDREN'S PRIVACY
mike capson does not knowingly collect or solicit Personally Identifiable Information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.
6. OTHER WEB SITES AND SERVICES
We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third party website or service (like Facebook or Twitter) and you allow such a third party access to your User Content, you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) and from other sources other than through the Service.
7. CHANGES TO OUR PRIVACY POLICY
mike capson may, in its sole discretion, modify or update this Privacy Policy from time to time, and so you should review this page periodically. When we change the policy in a material manner, we will update the ‘last modified’ date at the bottom of this page.
Pricing of licenses
We offer a number of exisitng license plans. They range from Creative Commons, consumer, and commercial license options. Please contact us for an exact quote for any image, or images you would like a license for. Most photography services we offer include a standard license which will be outlined within your invoice once paid in full. If you have paid for photography services but are unaware of your license please contact us at hello@mikecapson.com. By default all paid photography services include a Standard license, unless otherwise indicated, and only if the complete invoice for the particular service has been paid in full. Standard licenses are valid for upto 5 years. Extended licenses lifespan are determined per quote.
Licensing Agreement and Image Usage Rights
Any image pertained on the domain name *mikecapson.com OR specifically created by Mike Capson is protected and property of Mike Capson. If you would like to use, purchase, or license any image created by Mike Capson then please contact our agency at hello@mikecapson.com. If you have been granted a license to use one of our photographs by Mike Capson or his agency ICS Visual Creative Agency "informative computer solutions" or "ics" then the terms and definitions of these licenses are below. Specific terms may have been outlined in your license agreement. The original copy of said agreement will overwrite the terms and definitions below until at which time the licnese expires or both parties eliminate the agreement. By signing our license terms you agree to all terms on this page.
Permitted Usages - Paid Licenses
| Permitted use | Standard License (Consumer) | Extended License (Commercial) |
|---|---|---|
| Advertisements in newspapers, magazine, & other printed mediums | Up to 10 impressions | Unlimited reproduction/print run license required for 11 - 500,000 or more impressions |
| Web/digital advertisements | Yes | Not required |
| Printed promotional projects including product packaging, catalogues, brochures, promotional greeting cards, promotional postcards and promotional posters (but not for resale or license) | up to 10 impressions | Unlimited reproduction/print run license required for 11 - 500,000 or more impressions |
| Corporate film and video presentations | Yes | Not required |
| Commercial film, motion pictures, movies or theatrical presentations | Up to 10 DVDs | Unlimited reproduction/print run license required for 11 - 500,000 or more DVDs |
| Books and book covers, CD & DVD covers | Up to 10 impressions | Unlimited reproduction/print runs license required for 11 - 500,000 or more impressions |
| Editorial purposes: printed magazines, newspapers, editorials, newsletters | Up to 10 impressions. You must give credit as follows:"Photographer Mike Capson" | Unlimited reproduction/print run license required for 11 - 500,000 or more impressions. A credit may be required. |
| Online or electronic publications or uses, including web pages to a maximum image size of 1900 x 1200 pixels; video image size limitation is 1280 x 1080. Any size reproduction is acceptable with substantial changes to the content | Yes | Not required |
| Prints, posters, stationery items and other reproductions for personal or business use (but NOT for resale or license!) | Up to 10 impressions | Unlimited reproduction/print run license required for 11 - 50,000 or more impressions |
| Items for resale, including prints, posters, calendars, mugs, mousepads, t-shirts, games, etc. | No | Items for resale — limited run license required. Note: there are quantity restrictions dependent on the type of item. Please Contact |
| Electronic templates for resale on websites, brochures, business cards, e-greeting cards, etc. | No | Electronic items for resale license required. Please contact for further info and pricing. |
Permitted Usages - Creative Commons
If an image has been clearly licensed as being Creative Commons then please follow the usage terms below. If you can not deem that an image created by Mike Capson is Creative Commons or not then please contact us at Hello@mikecapson.com before using the image.
Creative Commons Terms
Please do the following:
- Attribute the image to Photographer Mike Capson
- If possible provide a link back to http://www.mikecapson.com
You are free:
- to Share - to copy, distribute and transmit the work
- to Remix - to adapt the work
- to make commercial use of the work however please contact us at Hello@mikecapson.com for approval before using.
updated March 25 2013