SharpAFmedia.com – Terms & Conditions
Last updated: May 26, 2025
1. Agreement to Terms
By accessing or using SharpAFmedia.com, any sub‑domain, our newsletters, podcasts, social channels, or other services we operate (collectively, the “Site”), you (“you,” “your,” or “User”) agree to be bound by these Terms & Conditions (“Terms”), as well as our [Privacy Policy]. If you do not accept every provision of these Terms, you must not use the Site.
We may revise these Terms at any time. Material changes will be announced on the Site or by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance of the new Terms.
2. Who We Are
SharpAF Media LLC (“SharpAF,” “we,” “us,” or “our”) is a Hawaiʻi‑based, independently owned publisher covering photography news and camera gear reviews. For questions about these Terms, email hello@sharpafmedia.com.
3. Intellectual Property
3.1 Ownership
All content on the Site—including text, photos, graphics, logos, videos, audio clips, code, and the arrangement thereof—is the property of SharpAF or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual‑property laws.
3.2 License to You
We grant you a limited, revocable, non‑exclusive license to access and use the Site for personal, non‑commercial purposes. Except for page‑caching, no portion of the Site may be reproduced, distributed, modified, displayed, published, transmitted, reverse‑engineered, or exploited without our express written consent.
3.3 Trademarks
“SharpAF,” “SharpAF Media,” and related marks are our trademarks. Other product or company names on the Site may be trademarks of their respective owners. You may not use any SharpAF trademark without our prior written permission.
4. User‑Generated Content
4.1 Your Content & License to Us
If you post comments, upload images, submit articles, or otherwise supply content (“User Content”), you retain ownership of your intellectual‑property rights, but you grant SharpAF a perpetual, worldwide, royalty‑free, sublicensable license to use, reproduce, adapt, publish, translate, distribute, display, and create derivative works from that User Content in any media for editorial, promotional, and archival purposes. You also grant other users of the Site a limited license to access and display your public User Content.
4.2 Standards
You may not submit content that is illegal, infringing, defamatory, harassing, obscene, deceptive, or otherwise objectionable; that violates another’s rights; or that contains viruses, spam, or commercial solicitations. Mature or NSFW material must be clearly labeled. We reserve the right (but not the obligation) to remove or edit User Content for any reason.
4.3 Warranties & Indemnity
You represent and warrant that you own or have the necessary rights to post the User Content and that posting it does not violate any law or third‑party right. You agree to indemnify and hold SharpAF harmless from any claims arising out of your User Content.
5. Accounts
Certain features may require you to create an account. You must provide accurate information and keep it current. You are responsible for all activity that occurs under your credentials. Notify us immediately of any unauthorized use. You must be at least 18 years old (or the age of majority in your jurisdiction) to open an account.
6. Affiliate Links, Advertising & Sponsored Content
SharpAF participates in affiliate programs (including but not limited to Amazon, B&H, CJ, and Impact). Some links on the Site track referrals and may earn us commissions. Sponsored posts and paid partnerships are clearly labeled. We do not have access to purchasers’ personal data through these programs.
7. Purchases & Digital Products
If you buy digital downloads, presets, or other products directly from us, you receive a personal, non‑transferable, non‑commercial license, unless a separate license states otherwise. All sales are final unless a refund policy is expressly stated at the point of purchase. You bear all risk of loss after download.
8. Third‑Party Links & Services
The Site contains links to third‑party sites and embeds (e.g., YouTube, Instagram). These are provided for convenience; SharpAF does not endorse and is not responsible for third‑party content, products, or privacy practices. Your dealings with third parties are solely between you and them.
9. Copyright Infringement (DMCA)
If you believe any content on the Site infringes your copyright, send a DMCA notice to hello@sharpafmedia.com with:
• your physical or electronic signature;
• identification of the copyrighted work;
• identification of the infringing material and its location;
• your contact information;
• a good‑faith statement that the use is unauthorized;
• a statement under penalty of perjury that the notice is accurate and you are authorized to act.
We may remove or disable access to alleged infringing material and may terminate repeat infringers.
10. Prohibited Conduct
You agree not to:
• violate any law or regulation;
• attempt unauthorized access to accounts, data, or systems;
• interfere with the Site’s operation (e.g., hacking, scraping, data‑mining bots);
• frame or mirror the Site without permission;
• use the Site to send unsolicited communications (“spam”);
• use any content or trademarks except as expressly allowed by these Terms.
11. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHARPAF DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT THE SERVER IS FREE OF VIRUSES.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SHARPAF WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain disclaimers or limitations; in such places our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold SharpAF, its owners, employees, and affiliates harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your User Content, or your violation of these Terms.
14. Governing Law & Dispute Resolution
14.1 Governing Law
These Terms and any dispute arising from them are governed by the laws of the State of Hawaiʻi, U.S.A., without regard to conflict‑of‑law principles.
14.2 Binding Arbitration
Except for claims that may be brought in small‑claims court, any controversy or claim arising out of or relating to the Site or these Terms will be resolved by confidential, final, and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Honolulu, Hawaiʻi, unless we agree otherwise. Judgment on the award may be entered in any court with jurisdiction.
14.3 Class‑Action Waiver
All proceedings must be conducted on an individual basis; class, collective, or representative actions are not permitted. If this waiver is found unenforceable, the entire arbitration clause will be null, and the dispute will instead be decided by a court.
14.4 Opt‑Out
You may opt out of arbitration by sending written notice to hello@sharpafmedia.com within 30 days of your first use of the Site after these Terms take effect.
15. International Use
We operate from the United States and do not represent that the Site is appropriate or available in other jurisdictions. Users who access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with local laws.
16. Termination
We may suspend or terminate your access to the Site, remove User Content, or deactivate accounts at any time and for any reason, without liability to you. Sections 3, 4, 6–15, 17, and this sentence survive termination.
17. Miscellaneous
These Terms constitute the entire agreement between you and SharpAF regarding the Site, superseding any prior agreements. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Headings are for convenience only.
Need help? Email hello@sharpafmedia.com and we’ll get back to you.