Updated: April 16th 2022
By visiting the websites and apps of Steven Convery, you are accepting the practices outlined in this policy.
Before using any services offered by Steven Convery, you are required to read, understand, and agree to these terms. If you are a resident of United States, your relationship is with Steven Convery and the laws of Wisconsin and the United States apply.
If you are a resident of Australia, or you reside outside of United States, your relationship is with Steven Convery AU, which is the controller with regard to your personal information collected by Steven Convery, and the laws of Australia apply.
Acceptance of Terms
Modification of Terms
Steven Convery reserves the right, at its sole discretion, to modify or replace the terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Site or Service or viewing any Visual Content shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Sites and Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Sites or any other reason within or outside the control of Steven Convery. Steven Convery reserves the right to suspend or discontinue the availability of the Site(s) and/or any Service and/or remove any Visual Content at any time at its sole discretion and without prior notice. Steven Convery may also impose limits on certain features and Services or restrict your access to parts of or all of the Sites and the Services without notice or liability. The Sites should not be used or relied upon for storage of your Content and you are directed to retain your own copies of all Content posted on the Sites.
Transfer of Personal Information
We process and store information in the U.S. and other countries. By using our apps and websites, you agree that you authorize Steven Convery to transfer your personal information across national borders and to other countries where Steven Convery and its partners operate. For example, personal information collected from users in China will be exported outside of China.
As a condition to using certain Services, you are required to provide various registration information. This registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services.
You may not use a username, email, password, name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your access and are solely responsible for all activities resulting from the use of your access.
Websites and Services are available authorized representatives of legal entities and to individuals who are either (i) at least 18 years old, or (ii) at least 12 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Sites, and apps, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
All Content posted or otherwise submitted to the Sites is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Steven Convery are entirely responsible for all Content that you post, or otherwise submit to the Sites. Steven Convery does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sites you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Steven Convery. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Steven Convery user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts for the purpose of voting for or against users’ Visual Content;
- To post copyrighted Visual Content or other Communications that do not belong to you or, with exception of commenting on Visual Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites;
- To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Visual Content of another person; or
- To sell or otherwise transfer your profile.
You are solely responsible for your interactions with other users of the Sites. Steven Convery reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted or Made Available for Inclusion on the Services
Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the site. By submitting content to the site you are granting Steven Convery a worldwide, non-exclusive license to use the Visual Content and are representing and warranting to Steven Convery that the Visual Content is either owned or you are authorized to represent or distribute the Visual Content, and that Steven Convery is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of Steven Convery’s agreement to allow you to use the Services, you agree with Steven Convery as follows:
- You acknowledge that:
- Any Visual Content uploaded must be photographed and/or created by you;
- By uploading your photographic or graphic works to Steven Convery you retain full rights to those works that you had prior to uploading;
- By posting Visual Content to the Sites you grant to Steven Convery a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. The license granted to Steven Convery includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to Steven Convery (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- Steven Convery has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
- You represent and warrant that:
- You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the site;
- You have the full and complete authority and right to enter into this agreement and to grant to Steven Convery the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Steven Convery of the Visual Content as contemplated herein; and
- The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Steven Convery, all of which such rights are hereby expressly and irrevocably waived by you in favor of Steven Convery.
By uploading your Content to the Services or Software, you agree that you have: (A) all necessary licenses and permissions to use and Share your Content; and (B) the rights necessary to grant the licenses in the Terms.
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Steven Convery has no control over such sites and resources, you acknowledge and agree that Steven Convery is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Steven Convery shall 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.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Steven Convery, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Sites and the Services.
You hereby agree to indemnify and hold harmless Steven Convery, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Sites, (iii) the use of the Services, by you or any person using your account, (iv) any violation of any rights of a third party.
Steven Convery, stevenconvery.com, stevenjconvery.com, stevenconvery.com.au and other Steven Convery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Steven Convery. Steven Convery’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Steven Convery.
Steven Convery may terminate or suspend any and all Services and/or your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
YOU USE THE SITES AND THE SERVICES ARE AT YOUR OWN RISK. THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
The Services may include third-party services and software, and you are responsible for complying with any and all third-party terms that apply. Some third-party terms that may be applicable to your use of the Services were available. Access to third-party services is provided for convenience only, and Steven Convery has no responsibility for such third-party services and software.
Taxes and Third-Party Fees
You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Steven Convery entity with which you are transacting, your payments will be made to a foreign entity.
You authorize us to store your payment method and use it in connection with your use of the Services. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER STEVEN CONVERY NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. STEVEN CONVERY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES OR SERVICES.
YOU AND STEVEN CONVERY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF STEVEN CONVERY AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America as if made within Wisconsin between two residents thereof.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution to be held in Madison Wisconsin United States of America. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.