Legal Information & Notices

Privacy Policy

Welcome to the Bryan Martinez Photo website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BRYAN MARTINEZ. PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE YOU MUST IMMEDIATELY DISCONTINUE USING THE SITE.

Ownership of this website is owned and operated by BRYAN MARTINEZ. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, illustrations, and software (“Content”), is owned by BRYAN MARTINEZ, its licensors, and its content providers. All elements of BRYAN MARTINEZ websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with BRYAN MARTINEZ, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content, and all related rights shall remain the exclusive property of BRYAN MARTINEZ or its licensors unless otherwise expressly agreed. You shall indemnify BRYAN MARTINEZ, its subsidiaries, its affiliates, and licensors against any losses, expenses, costs, or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND BRYAN MARTINEZ EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. BRYAN MARTINEZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BRYAN MARTINEZ, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither BRYAN MARTINEZ nor its directors, employees, licensors, content providers, affiliates, or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. BRYAN MARTINEZ uses reasonable efforts to ensure the accuracy, correctness, and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness, or reliability. There may be links to other websites from the BRYAN MARTINEZ website; however, these other websites are not controlled by BRYAN MARTINEZ and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against BRYAN MARTINEZ regarding the inclusion of links to outside websites or your use of those websites. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue This Agreement shall be interpreted, construed, and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of the State of California in Los Angeles County, San Bernardino County, Orange County, San Diego County, or the Federal District Courts of the District of California (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, BRYAN MARTINEZ shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of BRYAN MARTINEZ, such action is necessary or desirable. No Waiver, Severability No action of BRYAN MARTINEZ, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use prices, information, and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between BRYAN MARTINEZ and you relating to your use of this website.

Terms of Use

Introduction
These general terms and conditions of use ("Terms of Use") govern your use of this website (www.heybrymar.com) (the "Site"). Your use and ability to register for use of this website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise, your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This website is owned and operated by BRYAN MARTINEZ and its subsidiaries and affiliates. BRYAN MARTINEZ may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the newly posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

This Site presents information, content, products, and services (collectively, "Content") that is owned exclusively or licensed by BRYAN MARTINEZ. When used in these Terms of Use, "we" and "our" mean BRYAN MARTINEZ, and "you" and "your" refer to any individual, company, or legal entity that accesses or otherwise uses this website.

Your Responsibility for Security
BRYAN MARTINEZ assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

Ownership and Use of Content
All of the information and Content on this Site, and any enhancements, derivative works, or improvements to it, including, but not limited to, all text, databases (in any formats), analyses of inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related to it, including any patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered ("Intellectual Property Rights"), are owned exclusively or licensed by BRYAN MARTINEZ. The Content is protected worldwide by applicable intellectual property laws. You may not duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble, or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease

You may not sublicense, assign, or otherwise transfer any of the Content. You may not frame the Content within another website. All rights in Content are reserved.

Links
This Site may contain links to third-party websites. BRYAN MARTINEZ does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain objectionable, unlawful, or inaccurate materials. You acknowledge and agree that BRYAN MARTINEZ is not responsible or liable for any content or other materials on these third-party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, BRYAN MARTINEZ does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.

Availability
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.

Commerce and Products
The sale of all products through www.heybrymar.com is final. BRYAN MARTINEZ is a green company and will use as little packaging as possible when shipping your order. Please keep your emailed receipt for your records. Please allow 3-4 weeks delivery for prints. If you have ordered an album or cards, our designer will be in contact shortly.

BRYAN MARTINEZ takes great care concerning the exposure, processing, and delivery of photographs. The user understands that photographs may fade or discolor over time due to the inherent qualities of dyes, inks, and materials and agrees to release Bryan Martinez and/or photographers from any liability for any claims based upon such fading or discoloration. Prints made at different times, from different cameras, or from digital media vs. film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing BRYAN MARTINEZ’S name and copyright information. All print sizes are nominal sizes.

Changes
BRYAN MARTINEZ reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Governing Law
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Limitation of Liability
BRYAN MARTINEZ'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY CONCERNING ANY DISPUTE WITH BRYAN MARTINEZ IS TO DISCONTINUE YOUR USE OF THE SITE. BRYAN MARTINEZ, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BRYAN MARTINEZ HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BRYAN MARTINEZ'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.