Terms of Use and Service
Last updated: May 18, 2023
These Terms of Use and Service ("Terms") cover your use of and access to the site, web pages, products, applications, tools and features (collectively, the "Services") provided by DeanBest. (as defined below), including without limitation, on the website and associated domains of www.deanbest.com and on web and mobile applications.
By using or accessing the Services, you're agreeing to these Terms, our Acceptable Use Policy and our Data Processing Addendum (collectively, this “Agreement”). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, "your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.
DeanBest (collectively, "DEANBEST.COM), DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com", provides a portal for site visitors to search and find photos and artwork to view and purchase as digital downloads as well as other information., which is governed by this Terms of Use and by our Privacy Policy.
We may revise these Terms of Use and Privacy Policy at any time without notice to you. It is your responsibility to review these Terms of Use and Privacy Policy periodically. If at any time you find these Terms of Use or Privacy Policy unacceptable or if you do not agree to these Terms of Use or Privacy Policy, please do not use this site. If you have any questions about these Terms of Use or Privacy Policy, please contact us at photos@DEANBEST.COM.
YOU AGREE THAT BY USING THE SITE, DOWNLOADING AN IMAGE, SUBMITTING PAYMENT FOR A DIGITAL DOWNLOAD, PURCHASING AND SUBMITTING PAYMENT FOR ANY DEANBEST PRODUCT OR PRODUCTS THAT YOU ARE AT LEAST 18 YEARS OF AGE, YOU HAVE READ AND AGREED TO OUR PRIVACY POLICY, OUR STORE POLICY, OUR ACCEPTABLE USE POLICY AND THESE TERMS OF USE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. DEANBEST.COM acts as a passive conduit of communication between its users and is, therefore, not responsible for and does not endorse any communications made by such users. By making a purchase from DEANBEST.COM you are representing yourself as an adult. You are confirming that you are at least 18 years of age and that you are not a minor in accordance with your local, state or federal laws. You therefore agree to be bound by the terms of the DEANBEST provided terms and conditions of all our disclaimers.
1. General Conditions - DeanBest Digital Downloads
a. There are No refunds for digital downloads
b. No one under the age of 18 is allowed to make purchases from DEANBEST.COM
c. DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" will not be responsible for the actual printing of the digital downloaded image. The customer holds that responsibility.
2. Force Majeure:
No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God such as hurricanes, earthquakes, flooding, fire, government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, an epidemic or pandemic, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Should a clients DeanBest digital download be cancelled, interrupted, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by DeanBest. If necessary, DeanBest will, if possible establish a substitute temporary customer link for confirmed purchases that were interrupted to facilitate a new download path for the customer.
2a. DeanBest makes no representation, neither expressly or impliedly, as to the accuracy reliability or timeliness of any materials or information on this website. In no event shall DEANBEST, its officers, directors or affiliates be liable for any indirect, direct, punitive or consequential damages. This includes, but is not limited to the loss of income, emotional distress, medical issues and pain and suffering arising from the use of any and all DEANBEST, services or products, either from the Deanbest.com website or from any information or advice given by the employees or volunteers of DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com". You agree that your use of the Deanbest.com website is on an as available basis. DeanBest and its affiliates will not be liable to you or any other person as a result of your use of the website and/or services. The Customers of DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" are responsible for providing all personal computers and communications equipment necessary to access and use the website. Customers of DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" will not hold DEAN BEST, DEANBEST liable in any way, shape or form for damages, malfunctions or viruses while accessing and using the website. Including but not limited to; damages for: The loss of data, the inability to use the Deanbest.com website and/or problems arising with your hardware, software and Internet connections.
3. Indemnity by the Customer:
You the customer of DEANBEST.COM services and products and you the customer of DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" will indemnify, defend and hold DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" and all of its affiliates harmless for any losses, costs, expenses, and liabilities relating to your use of DEANBEST.COM services and products.
4. Privacy Policy
DEANBEST.COM respects your privacy and permits you to control the treatment of your personal information. A complete statement of DEANBEST.COM's current Privacy Policy can be found by clicking here.
5. Cancellation and Refund policy
There are no refunds for digital download purchases.
6. Ownership
This Site is owned and operated by DEANBEST. DEANBEST IS A REGISTERED TRADEMARK. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, videos, sounds and images are owned or licensed either by DEANBEST or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of DEANBEST's or DEANBEST.COM intellectual property rights, whether by estoppal, implication or otherwise. See the Contact Information below if you have any questions about obtaining such licenses. DEANBEST does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by DEANBEST.COM. Any rights not expressly granted herein are reserved by DEANBEST.
7. Permission to Download
DEANBEST hereby grants you, FOR A CHARGEABLE FEE, permission to download, view, and print the Materials found on DEANBEST.COM on any single, stand-alone computer solely for your PERSONAL USE. Business use is strictly prohibited unless permission has been obtained from DEANBEST. (ii) the Materials are not used on any other Web site nor in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
8. Links to Third Party Sites
This Site may contain links to Web sites controlled by parties other than DEANBEST.COM or FEISTAN Third Party Sites. DEANBEST.COM may work with a number of partners and affiliates whose sites are linked with DEANBEST.COM. Both DEANBEST.COM and DEANBEST are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. DEANBEST.COM makes no guarantees about the content or quality of the products or services provided by such sites. DEANBEST.COM is not responsible for webcasting or any other form of transmission received from any Third Party Site. DEANBEST.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DEANBEST.COM of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither DEANBEST.COM nor DEANBEST are responsible for any loss or damage of any sort you may incur from dealing with a third party.You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.5. Reviews, Comments, Communications, And Other Content. At various locations on the Site, DEANBEST.COM may permit visitors to post reviews, comments, likes, ratings, communications, and other content. Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use/Service.
9. Rights and Responsibilities of DEANBEST.COM
DEANBEST.COM respects the intellectual in appropriate circumstances and at its property of others, and we ask our users to do the same. DEANBEST.COM may, at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DEANBEST's Copyright Agent with the following information:a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property or interest. A description of the copyrighted work or other intellectual property that you claim has been infringed;c. A description of where the material that you claim is infringing is located on the site;d. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. DEANBEST's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent - DEANBEST 300 East Overlook, Suite 516, Port Washington NY 11050. By email: photos@DEANBEST.COM. DEANBEST is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas, reviews and opinions that DEANBEST.COM members, clients or fans may choose to post and distribute as User Content. DEANBEST.COM does not screen works before they are posted, and no prior approval is required for posting. DEANBEST.COM disclaims all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, DEANBEST.COM takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL at photos@ DEANBEST.COM. If DEANBEST's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members. DEANBEST.COM reserves the right to delete those files or to stop those processes. If the DEANBEST.COM technical staff suspects a user name is being used by someone who is not authorized by the proper user, DEANBEST.COM may disable that user's access in order to preserve system security. In all such cases, DEANBEST.COM will contact the member, client as soon as feasible. DEANBEST.COM has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements. DEANBEST.COM reserves the right to refuse service to anyone and to cancel user access at any time.
10. Rights and Responsibilities of DEANBEST.COM Users or Other Posters of User Content
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any DEANBEST.COM service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights(copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder's permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such user content, you grant a license to DEANBEST.COM to use, reprint, distribute, modify, and create derivative works, which will be owned by DEANBEST.COM. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to DEANBEST.COM to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time. The use of your DEANBEST.COM user account or posting User Content for any illegal activity under the laws of the State of New York and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside DEANBEST.COM locality or your own residence. DEANBEST.COM is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and DEANBEST.COM cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting. You agree not use the Site in any way that could damage, disable, or impair any Services provided DEANBEST.COM (or the network(s)connected to the Site), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.5.3. Your Rights and Responsibilities as a DEANBEST.COM CUSTOMER, User, Viewer and Reader of User Content. In order to participate, book appointments, receive services, and become a client of DEANBEST, DEANBEST.COM you are required to provide your real name when signing up as a user, client, customer of DEANBEST, DEANBEST.COM. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, DEANBEST.COM staff will not take a role in mediating conflicts between you and other DEANBEST clients, customers or users. DEANBEST.COM does not take responsibility for your behavior or that of other users. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
11. Your Agreement to Release and Hold Harmless DEANBEST, DEANBEST.COM and DEANBEST PHOTOS AND FINE ART.
For Any Harm Resulting From Your Communication or Contact with Other DEANBEST.COM Users. DEANBEST.COM CAN FUNCTION AS A PASSIVE COMMUNICATION SERVICE WHICH ALLOWS USERS TO CONTACT AND COMMUNICATE WITH ONE ANOTHER. DEANBEST.COM IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY DEANBEST.COM USERS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY DEANBEST.COM USER IS MADE AT YOUR OWN RISK AND YOU AGREE TO RELEASE AND HOLD DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "DEANBEST.COM" HARMLESS, IRREVOCABLY RELEASE DEANBEST.COM AND FOREVER DISCHARGE DEANBEST.COM, ITS AGENTS, AFFILIATES, EMPLOYEES,OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER DEANBEST.COM USERS.ADDITIONALLY, YOU AGREE TO INDEMNIFY DEANBEST.COM FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER DEANBEST.COM USERS.
12. No Warranty
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DEANBEST.COM, DEANBEST, DEANBEST PHOTOS AND FINE ART AND DEANBEST.COM, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DEANBEST.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DEANBEST.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
13. Limitation of Liability
IN NO EVENT SHALL DEANBEST.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS,OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF DEANBEST.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF DEANBEST, DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
14. Indemnification
You agree to defend, indemnify and hold harmless DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com", our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of orin any way connected with your access to or use of the Site and the Materials. Unsolicited Submissions. Except as may be required in connection with your use of DEANBEST.COM Services, DEANBEST.COM does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to DEANBEST.COM through or in association with this Site shall be considered non-confidential. By providing such submissions to DEANBEST.COM you hereby grant DEANBEST.COM a license to use, reprint, distribute, modify and create derivative works which will be owned by DEANBEST.COM. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
15. Compliance with Intellectual Property Laws
When accessing DEANBEST.COM or using DEANBEST.COM Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership, trademark ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your DEANBEST.COM user account. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at PHOTOS@DEANBEST.COM as described above. Inappropriate Content. When accessing the Site or using DEANBEST.COM Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. DEANBEST.COM reserves the right to terminate or delete such material from its servers. DEANBEST.COM will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
16. Children
Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
17. Governing Law Venue
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of New York, County of New York. YOU, DEANBEST AND DEANBEST.COM agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
18. Copyrights
All Site design, text, graphics, product design including labels, the selection and arrangement thereof, hold a Copyright. DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com" ALL RIGHTS RESERVED.
19. Trademarks
DEANBEST IS A REGISTERED TRADEMARK. DEANBEST.COM, DEANBEST PHOTOS AND FINE ART, DEAN BEST and DEANBEST PHOTOS "Deanbest.com", all images, logos and text, and all page headers, pages, custom graphics and button icons are service marks, trademarks and/or trademarks of DEANBEST. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
20. Acknowledgement
BY USING DEANBEST, DEANBEST.COM'S SERVICES, PRODUCTS OR ACCESSING THE DEANBEST.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND SERVICE AND AGREE TO BE BOUND BY THEM.
21. Contact
If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us photos@DEANBEST.COM.