Terms & Conditions

Terms & Conditions


Acceptance of Terms

I welcome you to my website. My site provides the Services (defined below) to which you (hereinafter referred to as “you,” “You” or “user”) are subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TOS.


Description of Services

This site provides users with access to a rich collection of photographs for viewing purposes only, including without limitation various communication tools which may be accessed through various mediums or devices now known or hereafter developed, such as linking options to my Facebook and Instagram pages (the "Services").


Your Use of My Site

In consideration of your use of the Services, you represent that you are of the legal age to form a binding contract and are not a person barred from viewing this site or receiving the Services under the laws of the United States or other applicable jurisdiction.


Registration Data, posting(s) and/or any other information about you which you provide is subject to the applicable Privacy Policy. You understand that through your use of the Services you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, whether voluntarily or otherwise received and/or through general online usage, the sharing of information, blogging, including the transfer of this information to the United States and/or other countries for storage.

Privacy Policy


You understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. I am responsible only for the content that I physically place on this site or on my linked social media sites. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. I do not control the Content posted by others via this site or the linking sites on my Facebook or Instagram accounts or on future  added mediums. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will I be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services. Moreover, you agree not to use the sites or Services to:

  • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harms minors in any way; impersonates any person or entity, including, but not limited to, a public official, private celebrity, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any laws; upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of another party;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; "stalk"or otherwise harass another; and/or collect or store personal data about others.

You understand that the Services may include software that prevents the copying of the photographs and/or other digital materials on this site in order that this material is protected from copying or unauthorized transfer and you agree not to not attempt to override or circumvent any of the usage rules or embedded software within this site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

Your Conduct


You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services or any materials featured on this site (including photographs, posts, comments, graphics, look or feel or layout).

No Commercial Use of Services or Material on This Site


This site provides links to my Facebook and Instagram pages which feature other and/or related material including photographs and/or commentary. Further, as stated above, third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that you the Terms of Use hereunder apply to these linked sites. Moreover, you agree that I am not responsible for the availability of such external sites or resources, and I do not endorse and am not responsible or liable for any Content, advertising, products or other materials on or available from third party links that I do not control or third-party sites or resources. You further acknowledge and agree that I am not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Links


You acknowledge and agree that the Services, photographs and any and all material featured on this site is protected by applicable intellectual property and other laws. All photographs are protected by copyright and are the sole and exclusive property of me, Sherri Nicole Miller. You further acknowledge and agree that Content is protected by domestic and international laws including; copyright, trademark, service mark or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by me in writing, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Content or Services, in whole or in part.

Proprietary Rights


You agree that all trademarks, trade names, service marks and other logos and brand featured on this site including but not limited to Sherri Nicole Miller, STRUCK BY LIFE, #STRUCKBYLIFE, and product and service names are trademarks and the property of me, Sherri Nicole Miller (the "Miller Marks"). Without my prior permission, you agree not to display or use in any manner the Miller Marks.

Trademark Information


I respect the intellectual property of others, and I ask viewers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, my use of this site, please provide my Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

My Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: dianeplaut@gmail.com

Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement


Entire Agreement. The TOS constitutes the entire agreement between users of this site and the site owner and governs your use of the Services herein. You may also be subject to additional terms and conditions that may apply in the future when you use this site, as the Terms of Use will be updated over time. Choice of Law and Forum. You agree that the TOS and the relationship between the parties shall be governed by the laws of the State of New York.

 

General Information


Struck By Life TM , Sherri Nicole Miller 2016-18, All Rights Reserved | Terms & Conditions