Rex Chatterjee Photography

REXCHATTERJEE.COM

TERMS OF SERVICE

DATE OF LAST UPDATE: 19 JUNE 2024

General

Overview

These Terms of Service (“Terms”) apply to rex.chat, rexchatterjee.com and the creative works created by Rex Chatterjee or Chatterjee Creative LLC which are contained thereon or referenced therein. These terms furthermore apply to any and all creative works created by Rex Chatterjee and made available on any and all social media platforms, accounts, channels and similar places for which no separate terms are provided by Rex Chatterjee or Chatterjee Creative LLC. The use of the term “Websites” in these Terms refers to rex.chat, rexchatterjee.com, and any and all social media accounts, channels and similar places belonging to or managed by Rex Chatterjee or Chatterjee Creative LLC, and inclusive of any and all Content (as defined below) existing thereon.

Please read these Terms carefully as they contain important information regarding your legal rights, remedies, and obligations with respect to your use of the Websites, including, but not limited to, various limitations, exclusions, and indemnities.

By accessing or using the Websites, and the services available via the Websites, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Websites. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Websites.

Definitions

For clarity and comprehension, we have defined certain words used in the Terms and on the Websites. Additional definitions are included elsewhere in the Terms.

“Content” means any and all photos, images, drawings, art, illustrations, videos, audio, text, and any other form or format of information, document or material created wholly or partly by Rex Chatterjee or Chatterjee Creative LLC.

“Rex Chatterjee” refers to the natural person Rex Chatterjee.

“Chatterjee Creative LLC,” “we,” and “us” refer to Chatterjee Creative LLC, a limited liability company domiciled in the State of New York.

“User” means all users of the Websites.

“You” means yourself as an individual user of the Websites.

About the Websites

The Websites are operated, managed and updated by Chatterjee Creative LLC.

The Websites provide Content and other information related to the business of Chatterjee Creative LLC.

References to “the site,” “the Website,” “the Websites,” “rex.chat,” and “rexchatterjee.com” include all information, materials, documents, software, Content and features provided within the relevant Websites.

The Websites offer a range of interactive features, and we may add other features from time to time.

Informational Purposes Only

The Websites and Content available thereon are provided for informational purposes only. Neither the Websites nor any Content available thereon should be relied upon by any party for any purpose whatsoever.

Changes, Edits and Availability

The Websites are made available on an “as-is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Websites may be suspended at any time without notice.

We may, at our discretion or in the discretion of a third party (for example and without limitation, a client), revise, edit, replace or remove any of the Content at any time for any reason or for no reason.

Monitoring

We may monitor use of the Websites from time to time but have no obligation to do so. If and when we do monitor your use of one or more of the Websites, we will do so in accordance with applicable law.

Your Responsibilities

Acceptable Conduct

You agree that you will use the Websites only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you agree to immediately notify us via e-mail to hey@rex.chat and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Conduct

In using the Websites, you hereby agree that you will not, directly or indirectly:

  • Download (except via ordinary limited caching), screenshot, capture, photograph, create audio or video of, record, scan, print, reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise use or exploit any whole or portion of (or any whole or portioned use of) any Content existing at any time on any of the Websites for any use other than use pursuant to the “Ground Rules” (as detailed beneath the page heading on https://www.rex.chat/photo) without the prior express written consent of Chatterjee Creative LLC;
  • Remove or alter any copyright, trademark or other proprietary rights notice on the Websites or any Content accessible via any of the Websites;
  • Frame or mirror the whole of, or any portion of, the Websites or the Content, or otherwise incorporate the whole of, or any portion of the Websites or the Content into any product or service, without the prior express written consent of Chatterjee Creative LLC;
  • Create or share any information via the Websites without first obtaining all necessary permissions from all relevant parties or otherwise use the Websites to post or transmit any information that you do not have the right to provide, that would violate any applicable law or regulation, or that would violate, infringe or misappropriate any third party right or interest;
  • Post, transmit, or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;
  • Use the Websites for any commercial purpose of your own or otherwise use the Websites for processing data or other information on behalf of any third party;
  • Use the Websites for any purpose that is fraudulent or otherwise tortious or unlawful;
  • Post, transmit or otherwise make available through the Websites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
  • Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks;
  • Restrict or inhibit any other person from using the Websites;
  • Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly prohibited by applicable law;
  • Systematically download and store any or all of the information contained on any of the Websites; and
  • Use any robot, crawler, spider, search/retrieval application or other manual or automatic device to: (a) retrieve, index, “scrape,” “data mine” or otherwise gather information from any of the Websites; (b) reproduce or circumvent the navigational structure or presentation of the Websites; or (c) harvest or collect information about users of the Websites, without the prior express written consent of Chatterjee Creative LLC.

If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites and/or take any other steps we consider appropriate.

Requirements to Use the Websites

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside and from which you access the Websites, and, in any event, that you are at least 18 years old.

If you are using the Websites on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization, and all references to “you” throughout these Terms will include such organization jointly and severally with you personally.

You represent and warrant that: (a) you are not located in a country that is subject to a United States Government embargo or sanction, or that has been designated by the United States Government as a “terrorist supporting” country; and (b) you are not listed on any United States Government list of prohibited or restricted parties. If any applicable law, rule or regulation prohibits you to access the Websites, you may not access them. If you nevertheless access or use the Websites, you will still be bound to these Terms and shall be subject to all of the obligations, responsibilities and liabilities as if you were eligible to do so.

Intellectual Property

Our Content

Except where expressly stated otherwise, all right, title, and interest in and to the Websites and all source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Websites (collectively, “Website Technology”), together with any and all Content existing on any of the Websites at any time, are: (a) fully vested in us, our licensors, or our suppliers; and (b) protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and/or laws.

You agree that your access to and use of the Websites, including the Website Technology and the Content existing on any of the Websites at any time, is pursuant to a limited license to do so granted subject to these Terms and any and all other terms and conditions posted to, or linked to on, any of the Websites at any time, including, for the avoidance of doubt, any and all disclaimers and limitations of liability.

Furthermore, you are specifically NOT granted any right, title or interest in or to, whether in whole or in part, any of the Websites, Website Technology or Content, except the limited right of access as granted under these Terms.

Third-Party Content

The Websites may contain links to websites and other materials made available by third parties (collectively, “Third-Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Content.

Third-Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third-Party Content except for the limited right to use the Websites as set out in these Terms.

We neither control nor endorse, nor are responsible for, any Third-Party Content and we make no representations or warranties with respect to them. The availability of any Third-Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third-Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third-Party Content).

Trade and Service Marks

You may not use the “Rex Chatterjee” or “Chatterjee Creative” trade name, or any trademarks, service marks, logos or designs, or any other mark held by Rex Chatterjee or Chatterjee Creative LLC in connection with any product or service that is not of Rex Chatterjee or Chatterjee Creative LLC nor in any manner that is likely to cause confusion. Nothing contained on the Websites should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner, whether such owner is Rex Chatterjee, Chatterjee Creative LLC or a third party.

Open Source

The Websites may include open-source components, which are licensed for use and distribution by us under applicable open-source licenses.  Use of these open-source components is governed by and subject to the terms and conditions of the applicable open-source license.

United States Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials available on the Websites infringe your copyright, you (or your agent) may send to Chatterjee Creative LLC a written notice by mail or e-mail, requesting that Chatterjee Creative LLC remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Chatterjee Creative LLC a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Chatterjee Creative LLC’s DMCA agent as follows: By mail to Chatterjee Creative LLC, Attn: Rex Chatterjee / DMCA Agent, 32 Mercer Street, 3rd Floor, New York, New York 10013; or by e-mail to hey@rex.chat. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

Liability and Warranties

Warranties

Chatterjee Creative LLC makes no representations or warranties about any of the Websites or any of the Content appearing thereon, and such Websites and Content are provided on an “as-is” basis.  To the maximum extent permitted by law, we disclaim and exclude all implied warranties regarding the Websites and Content, including without limitation, the warranties of merchantability, fitness for purpose, title, and non-infringement.

Limitation of Liability

The Websites are provided for information purposes only and, to the maximum extent permitted by applicable law, we disclaim and exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Websites and any material or information you obtain via the Websites.

You acknowledge and accept that use of the Websites is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, neither Chatterjee Creative LLC nor any of the Chatterjee Creative Personnel (as defined below) shall be liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHATTERJEE CREATIVE LLC AND THE CHATTERJEE CREATIVE PERSONNEL (AS DEFINED BELOW) HEREBY DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CHATTERJEE CREATIVE LLC NOR ANY OF THE CHATTERJEE CREATIVE PERSONNEL (AS DEFINED BELOW) SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES–INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES–THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend (at Chatterjee Creative LLC’s option), indemnify, and hold Chatterjee Creative LLC, together with its affiliates, any and all of any of their owners, members, managers, partners, principals, stockholders, directors, officers, executives, employees, independent contractors, agents, and representatives (collectively, the “Chatterjee Creative Personnel”), and their insurers (as applicable), harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with: (a) any Content or other materials or information authorized by you via any means (including, for the avoidance of doubt, your verbal consent to be photographed by Rex Chatterjee or any other Chatterjee Creative Personnel); (b) any content or information posted, linked to, or transmitted by you using the Websites; or (c) your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Chatterjee Creative LLC has the right at any time to forego the indemnification as contained herein and assume the defense of any claim. It is expressly not the intent of Chatterjee Creative LLC to affect the rights of Chatterjee Creative LLC, any of the Chatterjee Creative Personnel, or any of any of their insurers, to assume the defense or settlement of any claim against Chatterjee Creative LLC for which insurance coverage is sought under any applicable insurance policy.

Disclaimers and Assumptions of Risk

CHATTERJEE CREATIVE LLC DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

The Websites and all information provided to you via the Websites is provided “as is” and “as available.” To the maximum extent permitted by applicable law, Chatterjee Creative LLC and the Chatterjee Creative Personnel hereby disclaim all express, implied, and statutory warranties with respect to the same, including without limitation all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. Neither Chatterjee Creative LLC nor any of the Chatterjee Creative Personnel represents or warrants in any way, at any time, that the Websites, services and information provided through the Websites, or software or information downloaded from the Websites, are or will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.

IN MAKING AVAILABLE THE WEBSITES, NEITHER CHATTERJEE CREATIVE LLC NOR ANY OF THE CHATTERJEE CREATIVE PERSONNEL ARE MAKING ANY OFFER OF ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND THE INFORMATION PRESENTED ON THE WEBSITES SHOULD NOT BE CONSTRUED AS LEGAL, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL ADVICE OR SERVICE.

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

Other Legal Provisions

Amendments

We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. The latest, fully amended version of these Terms will be published on the Websites. You are responsible for regularly reviewing the Websites to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Websites as set out in these Terms. If you continue to use the Websites after the effective date of any amendment, you will be conclusively deemed to have accepted such amended version of these Terms.

Privacy

You acknowledge that you have reviewed and agreed to all of the other terms and conditions governing your use of the Websites, including the Privacy Statement posted or linked to on rex.chat or rexchatterjee.com and updated from time to time. You furthermore acknowledge that, to the extent required under applicable law, by using the Websites, you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Statement. You also consent to our use of such personal information in accordance with such Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms.

Our Remedies

Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including but not limited to any of your responsibilities as set out above.

Enforceability

Your use of the Websites, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.

Interpretation

In these Terms: (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms; (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; and (iii) all references to the Websites’ addresses or URLs will also include any successor or replacement Websites containing substantially similar information as the referenced Websites.

No Implied Waiver

No action or inaction by us shall be interpreted to imply any waiver of any right or rights which we may have (including, without limitation, the right to pursue future action).

Limitation Period

You agree that any cause of action you may have with respect to these Terms or the Websites must be commenced within one (1) year of the earliest underlying claim or claims first having arisen, and that any cause of action not commenced in accordance with the terms and conditions of this paragraph shall be dismissed with prejudice by any court or other legal forum before which such cause of action was brought.

Notices

Any notice, consent, waiver, approval, authorization or other communication to be delivered by us to you in connection with these Terms will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars known to us to be in connection with your identity (e.g., your e-mail address).

Any notice, consent, waiver, approval, authorization or other communication to be delivered by you to us in connection with these Terms will be deemed to have been effectively and validly given only if delivered via e-mail to hey@rex.chat and via written mail to Chatterjee Creative LLC, Attn: Rex Chatterjee, 32 Mercer Street, 3rd Floor, New York, New York 10013.

Assignment

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Relationship

You agree that no joint venture, partnership, fiduciary, employment, client or agency relationship exists between us and you as a result of these Terms or use of the Websites.

Force Majeure

Neither party will be responsible for a failure to fulfill its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as, for example and without limitation, acts of nature, biological threats, pandemics, acts of government, war, riots, strikes and accidents in transportation.

Entire Agreement

These Terms, as amended from time to time, including any and all documents, rules, terms and policies referenced herein, constitute the entire agreement between us and you with respect to your use of the Websites.

English Language

All communication between you and us regarding your use of the Websites and any claim, issue or dispute arising therein shall be in the English language.

Severability

The unenforceability or invalidity of any clause in these Terms shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from these Terms to the extent of its unenforceability or invalidity, and these Terms shall be interpreted and enforced as if they did not contain the referenced clause, to the extent of its unenforceability or invalidity.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to any other state or jurisdiction’s choice of law provisions which would require the application of the law of any other jurisdiction. Your use of the Website constitutes your agreement to these Terms and, therein, that the US District Court for the Southern District of New York shall have sole exclusive jurisdiction over any claim, issue or dispute arising from these Terms and/or your use of the Websites. Furthermore, by your acceptance of these Terms and use of the Websites, you hereby waive all defenses of personal jurisdiction and venue, including, but not limited to, forum non conveniens.

Updates

These Terms are current as of the date listed at the top of this page. We may update these Terms at any time by publishing an updated version on this page. Your continued use of the Websites after any update to these Terms indicates your agreement to and acceptance of any update to the Terms.