Terms & Conditions

Terms and Conditions of Use

The website http://www.beneathadesertsky.com (the “Website”) is owned and operated by Beneath a Desert Sky Media, LLC (the “Company”), which is exclusively responsible for the content of the Website.  These Terms and Conditions of Use govern your use of the Website.  By using and viewing the Website, you agree to these Terms and Conditions of Use.  If you do not agree to these Terms and Conditions of Use, your sole and exclusive remedy is to leave the Website immediately and to never, ever, ever return again.

Company owns all rights and title to all content on the Website provided, however, that each Image and the rights relating to it, including copyright and ownership rights, remain the sole and exclusive property of the Photographer that owns the rights to such Image(s).  Each Image is displayed on the Website by permission from the Photographer that owns the rights to such Image. No Image displayed on the Website may be used by any person or entity for any purpose without the express written permission of the Photographer that owns the rights to such Image. No ownership, copyright or any other rights to any Image displayed on the Website are transferred to Viewer without the express written permission of the Photographer that owns the rights to such Image.

You agree that any use by you of any Image without the prior permission of the Photographer that owns the rights to such Image is strictly prohibited. The prohibitions contained herein include any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. Digital files may contain copyright and other information embedded in the Image metadata, EXIF data, the Image file or elsewhere and removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.

Company will take action to enforce its copyrights and other ownership rights when the Company and in the manner that the deems appropriate.  Refusal or failure by the Company to take action to enforce its copyrights or other ownership rights from time to time shall not constitute, nor shall it be construed as, a waiver of any copyright or other ownership right, title, or interest in or to the content of the Website or any Photographer’s copyright or other ownership right, title or interest in or to any Image.

The Company maintains and enforces the following standards regarding your use of the Website including, but not limited to, the comments posted by you or other Website users:

• Exploitation of Children. The Company has a zero-tolerance policy towards content that exploits children and the Company does not permit any comments that seek to exploit children or that refer other users to other websites that exploit children.
• Hate Speech. We want to hear Website users’ comments but the Company does not permit content that promotes or condones violence against any person or group for any reason or whose primary purpose is to incite hatred. We know that you’re passionate about the bands you love, and we encourage that, but don’t let that spill over into hate speech about other bands, other genres of music and/or the people that enjoy them or the Photographers that photograph them.  Bottom line, don’t be mean.
• Crude Content. Don’t be a jerk towards artists, bands, Photographers or other Website users and don’t post comments just to be shocking or graphic. You’re passionate about the bands you support, which is great, but don’t let that spill over into being a jackass.
• Violence.  Don’t threaten violence against bands, Photographers of other Website users.
• Harrasment.  Don’t harass or bully Photographers or other Website users.  No one likes  a jerk.
• Personal and confidential information. Don’t publish a Photographer’s or other Website user’s personal and confidential information.
• Impersonating others. Don’t mislead or confuse other website users by pretending to be someone else or pretending to represent an artist, band, Photographer, person or group when you aren’t them and/or don’t have permission to represent them. Be yourself because that’s all you can be.
• Illegal activities. Don’t publish comments that advertise or promote dangerous or illegal activities.
• Spam.  Don’t post comments that are spam, which includes promoting sites or products that are not affiliated with the Website.  No one really believes that your aunt made $100,000 a week working from home in her spare time so stop bothering us with that nonsense.
• Trolling. Don’t be a troll.  Don’t post comments for the sole purpose of aggravating other people.  Don’t post comments just to get other people worked up or that are just plain irrelevant to the topic at hand.  No one likes a troll, including this Company and the people that run it.

The Company reserves the right to delete comments posted by Website users at the Company’s sole and exclusive discretion for any reason or no reason.  It’s the Company’s Website and the Company can do anything it wants related to the Website, including blocking Website users, prohibiting Website users from posting comments and deleting Website user’s comments.

All comments posted by Website users become the sole and exclusive property of the Company as soon as such comments are posted to the Website and the Company can do whatever it wants with such comments including, without limitation, using comments for the Company’s commercial purposes. You grant to the Company a non-exclusive, world-wide, royalty free, perpetual, no-cost license to use your comments for any purpose the Company chooses, including exploiting your comments for the Company’s commercial or monetary purposes.

The term “Image” as used herein means all visual representations displayed on the Website including all information that may be embedded in the image file including, but not limited to, metadata and EXIF data.  The term “Website” as used herein means www.beneathadesertsky.com and all content contained in or on the website of whatever sort. The term “Photographer” as used herein means the individual who produced an Image and/or who owns all right, title and interest in and to an Image.  The term “you” as used herein means each Website user, individually.

The Company reserves the right to change these terms and conditions at any time, for any reason or no reason, at the Website’s sole discretion pretty much just because we feel like it.

Digital Millennium Copyright Act

The Company will respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you believe that any content on the Website violates DCMA or infringes upon the copyright or other rights of any person or entity, please send a notice to the Company at beneathadesertsky@gmail.com.

The Company’s response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity. All notices the Company receives will be a matter of record and the Company may send any such notice to one or more third parties or make them available to the public.

Please be advised that you may be liable for damages if you materially misrepresent that a post or other activity is infringing upon the copyright or other rights of any person or entity.

If you are a copyright owner or an agent thereof and you believe that any content on the Website infringes upon your copyright, the notice that you submit to the Company must be in writing and contain the following information:

• Your signature;
• A reasonable identification of the work or works claimed to have been infringed;
• A reasonable identification of the content or Images on the Website that is allegedly infringing upon that copyrighted work;
• Your name, address, telephone number and email address;
• A statement that you have a good faith belief that use of the content or Images on the Website is not authorized by the copyright owner; and
• A statement that you are the owner of the copyright or have been authorized by the owner to submit the notice and that, under penalty of perjury, the information contained in the notification is accurate and truthful.

Designated DMCA Agent

The Website’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:

Gregory Cohen, Publisher
Beneath a Desert Sky Media, LLC
13269 N. 93^rd Street
Scottsdale, AZ 85260
Beneathadesertsky@gmail.com
602-405-3074