Terms Of Service

These Terms of Service (the “Agreement”) constitute a binding legal agreement between you (“User”, “you”, or “your”) and Barry S. Allen Photography (“we”, “us”, “our”, or “Company”) governing your access to and use of the website BSAphoto.com (the “Site”) and all related services, communications, and content made available through it.

Please read this Agreement carefully. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms herein, as well as by our Privacy Policy. If you do not agree with any part of this Agreement, you must discontinue use of the Site immediately.

1. Authorized Use & User Eligibility

This Site is intended for individuals who are at least 18 years of age. By using the Site, you affirm that you are of legal age and have the legal capacity to enter into this Agreement.

Use of the Site is permitted solely for lawful purposes and must comply with all applicable state laws of the Commonwealth of Massachusetts, relevant U.S. Federal statutes, and international privacy and intellectual property laws, where applicable.

You agree not to:

  • Violate any local, state, federal, or international law, regulation, or ordinance;

  • Attempt to interfere with the operation, integrity, or security of the Site;

  • Use any automated means (bots, scrapers, scripts) to access the Site;

  • Infringe upon or misappropriate the intellectual property rights of others;

  • Submit false, misleading, or malicious content or data.

2. Services Offered

Barry S. Allen Photography offers artistic and commercial photography services, photo editing, image licensing, and creative direction. Certain features of the Site may allow you to schedule appointments, submit inquiries, join mailing lists, or become a site member.

All services are offered “as available” and may be modified, suspended, or terminated at our sole discretion without notice or liability. Specific service terms, including deliverables, usage rights, and cancellations, may be governed by separate written agreements or invoices.

3. Intellectual Property

All content, media, and intellectual property appearing on the Site—including but not limited to photography, logos, branding, layout, written copy, and design elements—are the exclusive property of Barry S. Allen Photography and protected under U.S. Copyright Act of 1976, Massachusetts General Laws (M.G.L. ch. 266 § 143), and international copyright conventions.

You may not:

  • Copy, reproduce, distribute, publish, display, or modify any content without express written permission;

  • Use any content from the Site for commercial purposes or resale;

  • Remove or obscure any copyright, watermark, or ownership notice embedded in media or text.

All rights not expressly granted herein are reserved.

4. User Submissions and License Grant

By submitting any content through the Site—whether via forms, emails, file uploads, or testimonials—you grant Barry S. Allen Photography a non-exclusive, worldwide, royalty-free, transferable, sublicensable, and perpetual license to use, reproduce, publish, and display such content for business purposes, marketing, or service execution.

You represent and warrant that:

  • You own or control all necessary rights to the submitted content;

  • Your content does not infringe on any third-party intellectual property or privacy rights;

  • You indemnify us against any claims arising from such submissions.

5. Privacy and Data Collection

Use of the Site is subject to our Privacy Policy, which governs the collection, storage, and sharing of user data, including data covered under:

  • The Massachusetts Data Security Regulation (201 CMR 17.00)

  • The California Consumer Privacy Act (CCPA/CPRA)

  • The General Data Protection Regulation (GDPR) (where applicable)

We make reasonable efforts to protect your personal data but cannot guarantee complete security. By using the Site, you consent to the lawful processing of your data in accordance with our Privacy Policy.

6. Limitation of Liability

To the fullest extent permitted by Massachusetts law and U.S. Federal Law, Barry S. Allen Photography shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or relating to your use of the Site, including but not limited to:

  • Errors, omissions, delays, or interruptions in service;

  • Unauthorized access to or alteration of your transmissions or data;

  • Personal injury or property damage resulting from your use of any content, service, or third-party links provided on the Site.

This limitation shall apply even if we have been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, strict liability, or otherwise).

7. Indemnification

You agree to indemnify, defend, and hold harmless Barry S. Allen Photography, its owners, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, expenses, or fees (including attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Site;

  • Your breach of this Agreement;

  • Your violation of any applicable laws, including privacy, consumer protection, or copyright laws.

8. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with:

  • The laws of the Commonwealth of Massachusetts,

  • The Federal Arbitration Act, and

  • Applicable U.S. Federal Law (including the Computer Fraud and Abuse Act and the Lanham Act)

Any dispute or claim arising from this Agreement shall be exclusively subject to the jurisdiction of the state and federal courts located in Suffolk County, Massachusetts. You consent to personal jurisdiction and venue in those courts and waive any objections to such venue or jurisdiction.

9. Force Majeure

We shall not be held liable for any delay or failure in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, government regulation, civil unrest, strikes, or technical failures.

10. Termination

We reserve the right to terminate or suspend your access to the Site without notice, for any reason, including violation of this Agreement or applicable law. Upon termination, all rights granted to you herein will immediately cease.

11. Changes to Terms

We reserve the right to revise, modify, or replace these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of the Site constitutes acceptance of the updated Terms. Users are encouraged to review this page periodically.

12. Contact

For any questions, concerns, or legal notices regarding these Terms, please use the Contact Form available on the Site.