Daybreak

1. Acceptance of Terms

By accessing or using Daybreak Directory (the "Service"), operated by Daybreak Directory, LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Daybreak Directory is a professional networking platform that connects photographers and visual creatives with art buyers, photo editors, and other industry professionals. The Service allows photographers to create and maintain portfolio profiles.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Types

The Service offers different account types, including free and premium photographer accounts. Features and pricing for each account type are described on our website and may change from time to time.

4. User Content

4.1 Ownership

You retain all ownership rights in the content you upload to the Service, including photographs, images, text, and other materials ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Service.

4.2 Representations and Warranties

You represent and warrant that: (a) you own or have the necessary rights to upload and share your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

5. Acceptable Use Policy

You agree not to use the Service to:

• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable;
• Upload, post, or transmit any content that depicts or promotes illegal activity;
• Upload, post, or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Service;
• Use the Service for any commercial solicitation purposes not expressly permitted;
• Harvest, collect, or scrape any information from the Service, including user data, contact information, or portfolio content, whether manually or through automated means (see Section 6);
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.

6. Prohibition on Scraping and Data Collection

You expressly agree that you will not, directly or indirectly:

• Use any robot, spider, scraper, crawler, or other automated means to access the Service or collect any information from the Service;
• Harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their express consent;
• Copy, download, or store any substantial portion of the content available on the Service, including photographer portfolios, contact information, or user profiles;
• Use the Service to compile a database of photographers or visual creatives for use outside of the Service;
• Access the Service through any technology or means other than those provided or authorized by us.

Any violation of this Section 6 may result in immediate termination of your account and may subject you to civil and criminal liability.

7. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Daybreak Directory, LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without our prior written consent.

8. Payment Terms

Premium accounts are billed monthly or annually at the rate in effect at the time of purchase. You authorize us to charge your payment method on a recurring basis until you cancel. Refunds are provided at our sole discretion.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

11. Limitation of Liability

To the maximum extent permitted by law, in no event shall Daybreak Directory, LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless Daybreak Directory, LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Alabama, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Birmingham, Alabama, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

15. Contact Us

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

Daybreak Directory, LLC
admin@daybreakdirectory.com