WEBSITE TERMS OF USE

Last Updated: February 9, 2026

The Tom Meinelt Photography website located at www.tommeinelt.com is a copyrighted work belonging to Tom Meinelt Photography (“Company”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) describe the legally binding terms and conditions that oversee your use of the Site. BY ACCESSING OR LOGGING INTO THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DISCONTINUE USE OF THE SITE IMMEDIATELY.

These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

2. ACCESS TO THE SITE

2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:

(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content;
(b) you shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or competitive website;
(d) AI/Machine Learning Prohibition: Users are strictly prohibited from using any content, images, or data on this site for the purposes of training machine learning or artificial intelligence models without express written consent from the Company;
(e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

2.3 Modification. Company reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Company will not be held liable to you or any third party for any change, interruption, or termination of the Site.

2.4 Intellectual Property. Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site and its content (specifically all photography and artistic works) are owned by Company or Company's suppliers. These Terms do not grant you any rights, title, or interest in or to any intellectual property rights.

3. THIRD-PARTY LINKS & ADS; OTHER USERS

3.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services. Such links are not under the control of Company. You use all Third-Party Links at your own risk. When you click on any Third-Party Links, the applicable third party's terms and policies apply.

3.2 Release. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with any release of liability, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

4. DISCLAIMERS

The site is provided on an "as-is" and "as available" basis. Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We make no guarantee that the site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

5. LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall Company or our suppliers be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms.

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement will at all times be limited to a maximum of the amount paid by you to the Company in the last six (6) months or fifty U.S. dollars ($50), whichever is greater.

6. COPYRIGHT POLICY

Company respects the intellectual property of others. Pursuant to 17 U.S.C. § 512(c), if you believe that any material on our Site infringes upon your copyright, please notify our designated Copyright Agent at: tom@tommeinelt.com.

7. DISPUTE RESOLUTION (ARBITRATION AGREEMENT)

7.1 Mandatory Binding Arbitration. All claims and disputes in connection with the Terms or the use of any product provided by the Company that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.

7.2 Rules. Arbitration shall be initiated through the American Arbitration Association (AAA). The AAA Consumer Arbitration Rules are available online at adr.org.

7.3 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

7.4 Jurisdiction. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California.

8. GENERAL

8.1 Electronic Communications. You consent to receive communications from Company in an electronic form.

8.2 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site.

8.3 Privacy. Please review our Privacy Policy to understand how we collect and use your data.

CONTACT INFORMATION

Address: 29160 Heathercliff Rd. PO Box 4071, Malibu, CA 90264

Email: tom@tommeinelt.com