TERMS OF SERVICE

Effective Date: 18 February 2025 (check often as the policy can be revised without notice). Reasons for amendments may be inserted in this paragraph.

Welcome to the official photography portfolio website of Gian Magana ("Gian", "The Artist", "we", "our," or "us"). By accessing or using this website, you agree to comply with and be bound by the following Terms of Service ("Terms" and "Conditions"). Should you not agree with these Terms, please refrain from using this website.

1. USE OF WEBSITE CONTENT

All content on this website, including but not limited to photographs, videos, text, graphics, and other materials (collectively, the "Content"), is the property of Gian Magana unless otherwise stated. You may not copy, reproduce, distribute, transmit, display, or otherwise use any of the Content for commercial purposes without explicit permission from Gian.

1.1 Ownership of Content

All content on this Website, including but not limited to photographs, graphics, text, videos, logos, and other visual or written works (collectively, the "Content") is owned by Gian Magana or licensed to him. All rights, title, and interest in and to the Content remain the exclusive property of Gian Magana or the respective copyright holders.

1.2 Permitted Use

You are permitted to view and access the Content solely for personal, non-commercial purposes, and only on the Website. This means that you may download or print content for personal use or educational purposes only, provided you do not alter the Content in any way. Under the intent of "fair use", you are permitted to view and access the Content and Body Of Work solely for personal, educational, non-commercial, and only on the website. In Wix, images may not be downloaded into your device. A right-click lock extension has been installed on this portfolio. However; the use of snipping tools or screengrab applications is permitted for personal and educational purposes only, provided you do not alter the content in any way.

Publishing an altered colour grading and cropping of the body of work is not permitted. Thank you for respecting the artist's efforts.

1.3 Restrictions on Use

You are prohibited from using the Content for any commercial purpose, including but not limited to selling, renting, distributing, or reproducing the Content for profit. This includes, but is not limited to, using the photographs or any part of the Website for advertising, merchandise, or any promotional content, unless authorized in writing by Gian.

1.4 No Redistribution

You may not (re)upload, (re)post, or share the Content in any public forum, website, social media platform, or any other location for commercial or personal gain without explicit written permission from Gian Magana. Unless otherwise by the act of self-voluntary act by "the artist" on posting on groups.

Please credit your "artist" by his complete name: Gian Magana.

2. PHOTOGRAPHIC WORK & LICENCING

Gian's photographs displayed on this website are protected by copyright laws. While you may view the photographs for personal enjoyment, the commercial use of these images, including printing or redistribution, requires a licensing agreement or written permission from Gian. All inquiries regarding usage rights, prints, or commercial projects should be directed to gimphotografie@gmail.com

3. PRIVACY POLICY

Your privacy is important to us. For information about how we collect, use, and protect your data, please refer to our Privacy Policy page.

4. USER RESPONSIBILITIES

By using this website, you agree to:

Not upload or post content that infringes on any third-party rights, is unlawful, or violates any applicable laws or regulations.
Do not engage in any activity that could harm or interfere with the website's functionality, security, or integrity.
Respect the privacy of individuals depicted in photographs, and do not use any images on this site for commercial purposes without proper authorization.
Bully, harass, retaliate/witch-hunt talk behind one's backs depicted in photographs.

In some cases; Gian may unknowingly photograph subjects of people who were involved in a legal system or ex-convicts who did not want to be photographed. Images of them may be posted online with the due coincidence. Without any awareness of the subject that turns out to be a former inmate. If you have an intentional motive to harass ex-cons that were coincidently photographed; your comment about them will be deleted. Gian Magana shall bear absolute no responsibility for the trouble you made out of witch-hunt activities.

Gian Magana will take extra measures of posting images of members of society who are in the inmate roster or have served in the county jail.

5. THIRD-PARTY LINKS

5.1 External Websites

This Website may include links to third-party websites or services for your convenience. These external links are provided for informational purposes only and do not imply endorsement or approval by Gian Magana.

5.2 No Control or Responsibility

We have no control over the content or practices of third-party websites and are not responsible for the availability or accuracy of such websites. Accessing third-party websites is at your own risk, and you should review their terms of service and privacy policies before interacting with them.

5.3 Affiliate Links

In some cases, the Website may include affiliate links to third-party products or services. If you purchase items through these links, Gian may receive a commission. These commissions help support the Website and its content.

6. Limitation of Liability

6.1 No Warranties

This Website is provided "as is" without any representations or warranties, express or implied. We make no warranty or guarantee regarding the accuracy, reliability, or availability of the Website or its content.

6.2 Limitation of Liability

In no event will Gian Magana be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website, including but not limited to data loss, loss of business, or personal injury.

6.3 Indemnification

You agree to indemnify, defend, and hold harmless Gian Magana from any claims, damages, liabilities, and expenses arising from your use of the Website, including any violation of these Terms.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership of Trademarks

All trademarks, logos, and service marks displayed on the Website are the property of Gian Magana or their respective owners. You are prohibited from using these trademarks without the express written consent of the trademark owner.

7.2 Prohibited Use of Intellectual Property

You may not modify, reverse engineer, or create derivative works of any content, code, or materials on the Website without explicit written permission from Gian Magana.

7.3 Intellectual Property Infringement

If you believe that any content on the Website infringes upon your intellectual property rights, please contact us immediately with a detailed description of the alleged infringement.

8. CHANGES TO TERMS

8.1 Modifications

We reserve the right to change, modify, or revise these Terms at any time. Any changes will be posted on this page, and the "Effective Date" will be updated accordingly.

8.2 Notification of Changes

By continuing to use the Website after any modifications are made to these Terms, you acknowledge and accept the revised Terms. You are encouraged to review the Terms periodically to stay informed about any updates.

9. GOVERNING LAW

9.1 Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Washington, USA, without regard to its conflict of law principles.

9.2 Dispute Resolution

Any disputes arising from the use of the Website shall be resolved through binding arbitration, with the location of arbitration to be in Seattle, Washington, unless otherwise agreed by both parties.

10. CONTACT INFORMATION

If you have any questions or concerns regarding these Terms of Service,

please contact us via email at gimphotografie@gmail.com.