1. Acceptance of Terms

Please read these Terms of Use (the “Terms of Use”) before accessing or using www.bantialbumproofing.com and any related websites, applications, or services (collectively, the “Site”). The Site is maintained and operated by Banti, Inc. (“Banti,” “we,” “us,” or “our”) and is intended to allow photographers and studios (“Photographers”) to upload, organize, and share photograph albums, and to allow the clients and other individuals they invite (“Reviewers”) to view, comment on, proof, and approve those albums (collectively, the “Service”).

By accessing or using the Site or the Service, you agree to be bound by these Terms of Use, as they may be updated from time to time. If you do not agree to these Terms of Use, do not access or use the Site. We will use reasonable efforts to notify you of material changes, but your continued use of the Site after changes are posted constitutes your acceptance of those changes. Please check this page periodically for the current version. If you breach these Terms of Use, your authorization to access or use the Site automatically terminates.

2. The Site and Service

Banti makes the Site, the Service, and related content, tools, and features (collectively, “Materials”) available for your access and use solely in connection with your activities on the Site and subject to these Terms of Use. “Materials” means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, software, and other content made available through the Site.

Subject to these Terms of Use, Banti grants you a limited, revocable, non-exclusive license to access the Site and Materials solely for: (a) uploading photographs for review by your clients; (b) reviewing, commenting on, and approving photographs that a Photographer has granted you access to; or (c) any other purpose expressly authorized by Banti in writing.

3. Quality, Accuracy, and Completeness

Banti works to ensure that the Service and related information are complete, accurate, and current, but the Service may occasionally be inaccurate, incomplete, or out of date. Banti makes no representations or warranties as to the completeness, accuracy, quality, or safety of the Service or any information, advice, or recommendations made available through it.

4. Consent to Email and Mobile Communications

The Service may be accessible through certain mobile phones or devices; your carrier’s standard rates and fees apply. By using the Service on a mobile device, you agree that Banti may communicate with you electronically at the mobile number or device you provide, and that certain information about your use of the Service may be shared with us as described in our Privacy Policy. If you change or deactivate your mobile number, you must promptly update your account so that notifications are not sent to a different person.

5. Subscriptions and Orders

If you subscribe to a paid plan or make a purchase through the Site (a “Transaction”), you may be asked to provide billing information, including payment-card details and a billing address. Payment-card information is processed by our third-party payment processors; Banti does not intentionally store complete payment-card numbers. Each Transaction is subject to Banti’s then-current fees, which may be revised from time to time. You represent and warrant that you have the legal right to use any payment method used in connection with a Transaction, and you agree to pay all charges incurred under your account. Banti reserves the right to discontinue any feature, refuse to process a Transaction, or decline to provide the Service to any user, at its discretion and with or without notice.

6. Registration and Accounts

Certain features of the Service require registration. Any registration information you provide must be current, complete, and accurate, and you must keep it up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you must notify us promptly at privacy@bantialbumproofing.com if you become aware of any unauthorized use of your account.

The Site is not directed to, and is not intended for use by, children under 13 years of age. You represent and warrant that you are at least 13 years old. If you are between 13 and 18 years old, you must have your parent or guardian’s permission to register for and use the Service. Photographers may create accounts or invite Reviewers to access specific albums; those Reviewers are considered users of the Site and are subject to these Terms of Use. Accounts registered by bots or other automated means are not permitted.

7. Customer Data and Your Responsibilities as a Photographer

If you are a Photographer, you may upload photographs, contact information for your clients and other Reviewers, comments, and related content to the Service (“Customer Data”). As between you and Banti, you determine why and how Customer Data is used, and Banti processes Customer Data on your behalf, in accordance with our Privacy Policy, in order to provide the Service to you.

You are solely responsible for:

• Ensuring you have the necessary rights, permissions, and legal grounds to upload Customer Data and to invite Reviewers to participate in album proofing;
• Providing any notices, and obtaining any consents, required by applicable law before uploading personal information about a client or other individual, including photographs of children; and
• The accuracy of any contact information you provide for Reviewers you invite to the Service.

Banti is not responsible for a Photographer’s failure to obtain appropriate rights, permissions, or consents before uploading Customer Data.

8. Acceptable Use

You agree to use the Site and Service only in the manner intended and agree not to (except as otherwise expressly permitted in these Terms of Use):

• Collect, harvest, or mine e-mail addresses, phone numbers, or other personal information about others without authorization;
• Provide false personal information or create an account for anyone other than yourself;
• Share your password or otherwise jeopardize the security of your account;
• Attempt to gain unauthorized access to another user’s account or to Banti’s systems;
• Remove or alter any copyright, trademark, or other proprietary notice on the Materials;
• Access Materials you are not authorized to access, or access them through means not made available through the Site;
• Infringe the intellectual property, privacy, or other rights of any party;
• Disrupt, damage, overburden, or impair the Site or any related systems or networks;
• Transmit spam, unsolicited bulk communications, or malicious code;
• Upload or transmit content that is unlawful, child sexual abuse material, defamatory, harassing, obscene, or otherwise objectionable;
• Use any data-mining, robots, or similar automated data-gathering methods in connection with the Site; or
• Violate any applicable law or regulation in connection with your use of the Site or Service.

Banti may, but has no obligation to, monitor or review use of the Site and Service. Banti may terminate or suspend your access at any time and may disclose information related to your use of the Service where it reasonably believes disclosure is necessary to comply with applicable law, legal process, or a governmental request, consistent with our Privacy Policy.

9. User Submissions and Contributions

If you post or upload photographs, comments, or other content to the Service (“User Submissions”), you grant Banti a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and transmit those User Submissions solely as necessary to operate and provide the Service to you and the Reviewers you authorize. This license is granted solely to enable the album proofing and collaboration features of the Service and does not give Banti any right to use your User Submissions for its own marketing or promotional purposes without your separate consent.

You represent and warrant that you own, or have obtained all necessary rights and permissions to upload, any photographs or other User Submissions you contribute to the Service, and that your use of the Service complies with applicable law. You are solely responsible for your User Submissions, and Banti does not guarantee their accuracy, quality, or legality.

10. Intellectual Property

Except as expressly provided in these Terms of Use, the Site, Service, and Materials, together with their selection and arrangement, are protected by copyright, trademark, and other intellectual property laws. Except as expressly authorized, you may not copy, republish, frame, transmit, modify, create derivative works from, sell, sublicense, or reverse engineer the Site, Service, or Materials. The Banti name, logo, and other trademarks displayed on the Site are the property of Banti or its licensors and may not be used without prior written consent.

11. Copyright Infringement Complaints

Banti respects the intellectual property rights of others and prohibits users from posting content that infringes another party’s rights. If you believe content on the Site infringes your copyright, please send a notice under the Digital Millennium Copyright Act to Banti’s copyright agent at the address below, including: (1) your name, address, phone number, and signature; (2) a description of the copyrighted work claimed to be infringed; (3) the location of the allegedly infringing material on the Site; (4) a statement of your good-faith belief that the use is unauthorized; and (5) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner’s behalf.

Banti, Inc. Attn: Copyright Agent 5909 Woodstock Ave. Lincoln, NE 68512 United States

We recommend consulting legal counsel before submitting a DMCA notice, as there may be penalties for false claims.

12. Use of Materials

Except where indicated otherwise, you may view and print Materials made available on the Site solely for your own personal or business use in connection with the Service, subject to the following: you will not quote or display Materials out of context; you will not use Materials in any way that infringes Banti’s or any third party’s rights; and Banti may revoke this permission at any time. The design, layout, and “look and feel” of the Site are not covered by this limited permission and may not be copied or imitated.

13. Restriction and Termination of Use

Banti may block, restrict, suspend, or terminate your access to all or part of the Site or Service at any time, in its sole discretion, without prior notice or liability, including for actual or suspected violations of these Terms of Use.

14. Links to Third-Party Sites

The Site may include links to third-party websites (“Linked Sites”) provided for your convenience. Banti does not control and is not responsible for the content, privacy practices, or availability of any Linked Site, and inclusion of a link does not imply Banti’s endorsement.

15. Warranties and Disclaimers

THE SITE, SERVICE, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BANTI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. BANTI IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR CONTENT OF ANY THIRD PARTY, INCLUDING ANY LINKED SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

16. Personal Information and Privacy

Banti collects, uses, and discloses personal information in accordance with our Privacy Policy, available at bantialbumproofing.com, the terms of which are incorporated into these Terms of Use by reference. If you are a Photographer uploading Customer Data, you remain responsible for the matters described in Section 7 above, and our Privacy Policy describes Banti’s role in processing that data on your behalf.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BANTI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BANTI’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE AMOUNTS YOU PAID TO BANTI FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

18. Indemnification

You agree to indemnify and hold harmless Banti, its affiliates, and their respective officers, directors, employees, and agents from any claim or demand, including reasonable attorneys’ fees, arising out of or related to: (a) your access to or use of the Site or Service; (b) your Customer Data or User Submissions; (c) your violation of these Terms of Use; or (d) your violation of any rights of a third party, including intellectual property or privacy rights.

19. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of Nebraska, without regard to its conflict-of-laws principles. You agree to submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Lancaster County, Nebraska, for any dispute arising out of or relating to these Terms of Use or the Service.

20. General

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Banti regarding your access to and use of the Site and Service, and supersede any prior agreements on this subject. You may not assign these Terms of Use without Banti’s prior written consent. If any provision of these Terms of Use is found unenforceable, the remaining provisions will remain in full force and effect. Banti’s failure to enforce any provision is not a waiver of that provision. Section headings are for convenience only and have no legal effect.

21. Contact Us

If you have questions about these Terms of Use, please contact us at:

Banti, Inc. 5909 Woodstock Ave. Lincoln, NE 68512 United States 
Email: privacy@bantialbumproofing.com
Phone: 402-601-8125
Contact Form: bantialbumproofing.com/contact-us