Las Vegas Photographer A M Johnson
Legal, Privacy Policy, and General Policies
| About | Privacy Policy | Disclaimers | Limit of Liability | Terms of Use of Site | 2257 Records | License and Copyright | DCMA | RCS Policys |
About
This About Section was last updated on November 24, 2009.
1. About About.
This About section is anecdotal to the articles below.
2. What is Cafe1956.com?
Why that URL? Well let me tell you. Cafe 1956 is the cyber home for me, the Las Vegas photographer A M Johnson. I think life is a feast to be enjoyed and savored. Kind of like going to a fantastic local cafe that serves perfect food and drink, has friendly servers and where the music always leaves you breathless and dancing in your seat. The 1956 comes from my birth year. There you go, cafe1956.
3. What content is available on Cafe1956.Com?
The content on Cafe1956.Com generally consists of (a) content generated in the form of text (pages, blog posts) by A M Johnson, (b) images created by A M Johnson and (c) visitor generated content in the form of blog comments. Content can be in the form of (d) citations or quotes and are noted in the page. There is also (e) content native to the CMS and links to other sites but generally, when content is discussed on this page, it refers to content added in the form of blog posts, comments or page content (text and images).
4. How Do These Policies Affect Me?
You are required by using the site to agree to all of these policies on this page and abide by them. If you disagree with these policies, then your only recourse is to stop using the site. The two biggest problem areas are blog comments and the 18+ gallery. Again, if your comments are not acceptable according to the policies, then do not leave that comment. If you disagree with hot girls showing skin, then don’t look at the pretty pictures. Got it?
5. Can I have a print or poster one of the pictures?
Yes. All images are for sale and can be printed. I have full size high resolution originals of the web sized images on this site, print from those, then mail you the item. In the near future, you will be able to do this directly on-line through a web site like Shutterfly. Until then, use the contact form.
Privacy Policy (Website Privacy Statement)
This Privacy Policy was last updated on November 11, 2009.
1. Acknowledgement and acceptance of terms
Cafe1956.Com is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing Cafe1956.Com, you acknowledge and fully understand Cafe1956.Com’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.
2. Participating Merchant Policies
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Cafe1956.Com services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites.
We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
Cafe1956.Com collects certain information from and about its users three ways: directly from our Web Server logs, the user directly, and with Cookies.
A. Web Server Logs.
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
- * Your Internet protocol address.
- * The kind of browser or computer you use.
- * Number of links you click within the site.
- * State or country from which you accessed the site.
- * Date and time of your visit.
- * Name of your Internet service provider.
- * Web page you linked to our site from.
- * Pages you viewed on the site.
B. User Posts to Blog or Contact Form.
The User may elect to to leave comments to the site blog. This action will record your name, email address and IP address. Any information you place in the comment field will be publicly viewable. The User may use the contact form to email Cafe1956.Com. Whatever information you put in the form fields will be emailed to parties at Cafe1956.com in order to service your request. We will not sell, share or disclose this information to third parties unless you give us explicit permission to do so in order to service your request. We will not spam you or add you to a email list of any kind, without your explicit consent.
C. Use of Cookies.
Cafe1956.Com may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
Cafe1956.Com reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into Cafe1956.Com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
- * To fulfill your service requests for services.
- * To protect ourselves from liability.
- * To respond to legal process or comply with law, or
- * In connection with a merger, acquisition, or liquidation of the company.
4. Third Party Advertising
We use third-party advertising companies to serve ads when you visit our website. These companies use non-personally identifiable information regarding your visit to this website and other sites, such as the user IP address, pages viewed, date and time of your visit, and number of times you have viewed an ad (but not your name, address, or other personal information), to serve ads to you on this site and other sites that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
In addition, we may use clear GIFs or pixel tags to help manage our online advertising. These clear GIFs, if used, enable our ad serving company to recognize a browser’s cookie when a browser visits this site. If used, this allows us to learn which banner ads bring users to our website. The information we collect and share through this technology is not personally identifiable.
5. Changes to this Statement
Cafe1956.Com has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
6. Contacting Us
If you have questions regarding our Privacy Policy, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us.
Cafe1956.Com will use commercially reasonable efforts to promptly respond and resolve any problem or question.
Disclaimers
1. This web site publishes both original content and also re-publishes content from other sites. Content also may be summaries, edits or snippets of longer pieces on the Internet or elsewhere. Content may be compilations of conversations or contain observations of various situations, both real and imagined. Every attempt is made to cite content created by others but no claim is made that will happen in all instances.
2. Content on this web site may be factual, parody or an outright lie. It is up to you to decide which is which. We hope it will be obvious to you. Do you remember Mark Twain’s “There are three kinds of lies: lies, damned lies, and statistics.”? Buyer beware, you own what you believe.
3. This web site makes no representation nor offers a warranty for fitness or merchantability of the content nor takes responsibility for how the content is treated, received or perceived. If the content is offensive to you in any way, you have no recourse except to cease the use of the web site.
4. This web site is to be used “as-is” and “when available”. There is no warranty for any expected level of service, any level of quality either of the content or of the delivery of content and no warranty for responsiveness in reply to communication.
5. This web site may not be available or viewable to all people or to all places. The content may be blocked for various reasons by electronic or physical means. You rights in regard to the display of or ability to view content are limited to whether content downloads and displays in your language and is formatted in an appropriate manner.
Limit of Liability
1. This web site assumes no liabiltiy of a financial or social nature for the use of this site. The use of this site is voluntary and free. You assume all risk in using this web site.
2. This web site assumes no liabiltiy if you act on, or believe anything written or displayed here. You agree that by the use of the site you assume all responsibility for evaluating content and making determinations on how to use the content.
Terms of Use of Site
1. General Terms
This Terms of Use (TOU) Policy, sometimes referenced as “Terms and Conditions” was last updated on November 11, 2009.
Welcome to the Site. The Site is provided to you for your personal entertainment, information, education and communication through our content and or blog on the World Wide Web.
Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site’s Privacy Policy above.
By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use or view the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site.
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. It is important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supercede any such prior terms.
Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, including the site’s rules, or for any other reason, or no reason. You expressly agree not to:
- * Act as an agent, affiliate or representative of the site and utilize this Site or its contents for any commercial purpose other than for which the site is intended without express written permission from the Site;
- * Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- * Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and
- * “frame,” “mirror” or otherwise incorporate any part of this Site into any other website without our prior written permission.
The material on this Site is protected by copyright, trademark, and other applicable laws. Some of the content of this site (i.e. Blog Comments) is owned by individual members (with permanent, irrevocable license to Cafe1956.com) of the community and therefore you may NOT modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material belonging to the Site or its members, including but not limited to text, photos, audio, video, code and software. During your visit and in the course of your normal use of the site, you may download or utilize material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained on the Site.
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
- * Strong, vulgar, obscene or otherwise harmful language,
- * Racially, ethnically or otherwise, objectionable language,
- * Harassing, intimidating, stalking or threatening other community members,
- * Libelous, defamatory or otherwise tortuous language,
- * Online vandalism,
- * Impersonation of another person,
- * Posting, distributing, transmitting or promoting illegal content,
- * Invasion of another’s privacy,
- * Actions that are hurtful to minors,
- * Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
- * Posting, providing, transmitting or otherwise making available any junk mail or spam, and
- * Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.
We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.
You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. If at any point you feel that others may be infringing on these rights, please contact us.
When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. Through the action of posting such content (images, text, video, etc) you are also granting the Site a non-exclusive worldwide license to use, copy, publicly display, publicly perform, reformat, translate such User content (in whole or in part) and distribute such content in connection with operation of the Site.
All trademarks displayed on Cafe1956.Com are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or Entities. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Cafe1956.com.
2. Links
The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are 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 we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.
3. Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, Net Parents.
4. Infringement
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your use of the Site if we determine in our sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail.
In order to start this process, you are required to email Cafe1956.com using this web site’s contact form and request a physical address to send the written notice to.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
- E. A statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
5. Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and moderators harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site’s services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.
6. Additional Disclaimers and Limitation of Liability
You understand and agree that the Site is provided “As-Is” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of California with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
2257 Records and Adult Content
A M Johnson does not photograph or record pornography or content of a sexual nature. Cafe1956.com also does not display pornography or content of a sexual nature. Per 28 CFR 75.1(c)(1) and (2), neither A M Johnson nor Cafe1956.com is a primary or secondary producer of “a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct*”, furthermore, does not manage, display or distribute any content that would require 18 USC 2257 compliance (i.e. record keeping).
* 18 USC 2257 uses the term “actual sexually explicit conduct”
Neither A M Johnson nor Cafe1956.com photographs or displays minors in provocative or sexual ways. All models on Cafe1956.Com have been age verified by government issued photo ID at the time that the photo was taken and no models in the 18+ gallery are under the age of 18. No models in the 18+ gallery are photographed to give the appearance that they might be minors.
License and Copyright Policy
All original content on this web site are © Copyright A M Johnson and are not licensed for use outside of this web site by parties for commercial use. Content displayed on this web site such as blog comments, images from WordPress or the WordPress theme or plugins that were not created by A M Johnson are (C) Copyright of their respective holders and are displayed under applicable licenses.
Please see 10 Big Myths about copyright explained and Models, Copyrights and your Likeness for some more information about copyrights.
DCMA and Acceptable Use
All photographic images on this web site were shot personally by me, A M Johnson. I own all copyrights and have model releases for all non-public photography. The display of my images on Cafe1956.com are fair use under my Copyright.
Link to Justhost.com Acceptable Use and DMCA Policy
Cafe1956.com complies with Justhost.com policies as set forth in the above link.
Severability Clause
If a provision of any article, section or clause on this page is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- 1. The validity or enforceability in that jurisdiction of any other provision of this Agreement; or
- 2. The validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
