Disclaimer and Payment Information
DISCLAIMER
Compliance with Laws
You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of the Website, including, without limitation, intellectual property laws and privacy laws.
Protection of Intellectual Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos (collectively, the “Intellectual Property”), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. All photographs displayed on this website are the sole property of Philippe Manh Truong Nguyen. All other content on this website is owned by Philippe Manh Truong Nguyen Photography. Except as expressly authorized by Philippe Manh Truong Nguyen or Philippe Manh Truong Nguyen Photography herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
You are hereby granted a nonexclusive, non-transferable, revocable, limited license to view content retrieved from the Website for your personal, non-commercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on or included with the content.
You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Website in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior written permission of Philippe Manh Truong Nguyen or Philippe Manh Truong Nguyen Photography.
You may not frame any trademark, logo, or other proprietary information on this Website without the express, prior written consent of Philippe Manh Truong Nguyen Photography. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted herein are reserved.
None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Philippe Manh Truong Nguyen Photography.
Except as otherwise noted, all rights, title and interest, including all copyrights, in and to all photographs posted on this Website are owned exclusively by Philippe Manh Truong Nguyen Photography.
Except as otherwise noted, all other content posted on this Website is:
Copyright © 2021 Philippe Manh Truong Nguyen
All Rights Reserved
Philippe Manh Truong Nguyen Photography has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material or data, please contact us. We can be reached by e-mail at: contact@yungphil.com
Notice and Procedure for Making Claims of Copyright Infringement
Philippe Manh Truong Nguyen Photography asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Philippe Manh Truong Nguyen Photography has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Philippe Manh Truong Nguyen Photography Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and email address;
5. 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; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may want to seek the advice of independent legal counsel before filing a notification.
Trademarks/Service Marks
You may not use or display any trademarks, logos or service marks (collectively, the “Marks”) displayed on the Website. Nothing contained on the Website should be construed as granting any right or license to use any of the Marks displayed on the Website; your misuse of any Mark is strictly prohibited.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL STEVE MCCURRY STUDIOS LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT PHILIPPE MANH TRUONG NGUYEN PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOHN ROWE PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PHILIPPE MANH TRUONG NGUYEN DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. JOHN ROWE PHOTOGRAPHY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Indemnification
You agree to indemnify and hold harmless Philippe Manh Truong Nguyen Photography, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; your breach of the Agreement; and your connection to the Website.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
**NSFW Webstore Model Collaboration Policies**
Money Management
SPLIT 50/50 SALES FOR THE MODEL/TALENT AND THE PHOTOGRAPHER.
The contractor is hereby to produce a monthly financial sales statement given to the model/talent
EXCLUSIVITY and Terms
The chosen TOPics are exclusive to the yungphil.com sales platform & the exclusivity ends after 1-year usage.
The rest of the gallery can be used for commercials hard print for both parties as long the 70/30 split is respected by the talent and the photographer.
The copyright is mainly to the photographer by the laws, except if the model pays a summited flat fee to buy the copyright ownership.
Invoicing
ALL INVOICES ARE PAYABLE ON RECEIPT. ON THE COSTS OF PRODUCTION AND FEES OF THE PHOTOGRAPHER. WE HAVE A NET 30 DAYS POLICY. Legally speaking, net 30 means that the contractor will pay the photographer in full on or before the 30th calendar day (including weekends and holidays) of when the goods were dispatched by the seller or the services were fully provided. The photographer offers a 2% discount if the customer pays within 15 days. TAXES ARE ALWAYS CHARGED ON THE PRICE. ONCE-A-TIME CONTRACTOR MUST SEND 2 EQUAL PAYMENTS, ONE BEFORE THE SESSION AND ONE AFTER THE SITTING.
IF THE CONTRACTOR SIGNED A LONG-TERM AGREEMENT MANDATE WITH THE PHOTOGRAPHER, DEPENDING ON THE ASSIGNMENT, THE CONTRACTOR CAN PAY IN 3 EQUAL PAYMENTS, ONE BEFORE THE SESSION, ONE IN THE SESSION, AND ONE AFTER THE SITTING.
The late payment interest fee
A MONTHLY ADMINISTRATION FEE OF 1% PER MONTH OF DELAY (10% ANNUAL) WILL BE CALCULATED FROM THE DATE OF INVOICING AND APPLICABLE AFTER 30 DAYS.
Out-of-area cost
Travel costs are free within 30 km (round trip) of the H1Z 4A1 for all regular sessions. These will be evaluated upon request beyond this distance, as well as for corporate or promotional announcements. Parking fees, if any, are the responsibility of the customer and will be added to the invoice. Outside that radius, we charge 0,50$ per additional km. If the assignment needs the photographer to travel on a plane or on a train, the contractor must pay the plane or train ticket fee. The overstay needs to be covered by the client.
Cancellation / Resumption of contract
In case of cancellation of the contract, the first payment is non-refundable and non-exchangeable. In case of sickness or necessary recovery of the appointment, the first payment can be used within 3 months of the initial appointment. The customer can postpone the meeting only once by deferring this amount. The photographer is not responsible for booking deadlines or availability allowing the resumption of this appointment during the busiest period. Thus, a weekend meeting could be resumed only on weekdays.
Resumption in case of bad weather
During a session outside, the photographer will be in charge of evaluating the conditions of realization of the photoshoot. It will confirm the same day or the day before it according to the weather forecast is favorable. A cloudy day, a fog, or a cold day do not allow to postpone a photoshoot since it is still possible to make a good shot. It is your responsibility to adjust your clothes as a result of the weather. A new date will only be available in case of heavy rain, thunderstorms, freezing rain, or storms.
For the winter period, from January to April, the sessions scheduled outside will be automatically performed on a reserved day, in the studio, or at home given the uncertainty of the Quebec climate. Again, only a snowstorm or extreme conditions will prevent its holding. It is therefore not uncommon to perform part of the session in your home and some on your land.
Payment method accepted
STRIPE
VISA
MASTERCARD
INTERAC E-TRANSFERT