Please read these Terms of Service carefully. These Terms govern access to and use of dearingermedia.com and related pages operated under the DearingerMedia name (the “Website”). By selecting “I Accept,” accessing, or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
1. About DearingerMedia
DearingerMedia provides information about photography, videography, editing, and related creative services based in Fargo, North Dakota. Portfolio examples, service descriptions, pricing, availability, and turnaround times are informational and may change without notice.
2. United States Scope and Eligibility
The Website is operated from the United States and is intended for visitors located in the United States. DearingerMedia does not represent that the Website or these Terms satisfy the laws of any other country. You must be at least 18 years old, have reached the age of legal majority where you live, and be legally able to enter a contract to use inquiry, booking, or payment features. If you use the Website for a business or organization, you represent that you have authority to bind it to these Terms.
3. Website Acceptance and Electronic Records
Your affirmative acceptance is intended to constitute consent to these Terms in electronic form. You may save or print a copy. The Website may store a local record in your browser showing that the Terms were accepted. Clearing browser data may cause the acceptance request to appear again.
4. Inquiries Are Not Bookings
Submitting a contact form, email, direct message, or other inquiry does not reserve a date or create a services contract. A project is booked only when DearingerMedia confirms acceptance in writing and any required project agreement, deposit, or payment has been completed. DearingerMedia may accept or decline any project where permitted by law.
5. Project-Specific Agreements
Paid services may require a separate proposal, invoice, release, license, or written services agreement. That agreement may address scope, deliverables, creative direction, client responsibilities, payment, deposits, cancellations, rescheduling, travel, weather, delivery, revisions, usage rights, model or property releases, archiving, and other project terms. If a project agreement conflicts with these Website Terms, the project agreement controls for that project.
6. Pricing, Availability, and Estimates
Website prices are starting prices or general estimates unless expressly stated otherwise in a signed project agreement. Quotes may vary based on scope, timing, locations, travel, licensing, revisions, equipment, assistants, permits, and other production needs. Availability and estimated turnaround are not guaranteed until confirmed in writing.
7. Intellectual Property
The Website and its photographs, videos, edits, graphics, text, branding, layout, and other content are owned by or licensed to DearingerMedia and are protected by intellectual-property laws. Except for ordinary personal viewing, you may not copy, download, reproduce, modify, publish, sell, license, scrape, train artificial-intelligence systems on, remove credits or watermarks from, or commercially use Website content without prior written permission. No rights to project media transfer unless expressly granted in a separate written license or agreement.
8. Portfolio and Third-Party Rights
Portfolio content is presented to demonstrate creative work. Ownership of depicted trademarks, vehicles, products, venues, or third-party materials remains with their respective owners. Their appearance does not imply sponsorship or endorsement. If you believe Website content infringes your rights, contact [email protected] with enough information to identify the work and your claimed rights.
9. Acceptable Use
You may not misuse the Website, attempt unauthorized access, interfere with its operation, introduce malicious code, impersonate another person, submit unlawful or deceptive material, harvest information, overload the Website, bypass security measures, or use Website content in a defamatory, misleading, infringing, or unlawful manner.
10. User Submissions
You are responsible for information and materials you submit. You represent that you have the right to provide them and that doing so does not violate law or another person’s rights. You grant DearingerMedia a limited right to use submitted material only as reasonably necessary to respond to the inquiry, evaluate or perform requested services, maintain business records, protect legal rights, and comply with law. Do not submit sensitive personal, financial, medical, or confidential information through the Website.
10A. Privacy and Data Security
DearingerMedia intends to collect only information reasonably needed to respond to inquiries and provide requested services. Personal information will be handled in accordance with applicable United States federal, state, and local law. No method of transmission or storage is completely secure, and absolute security cannot be guaranteed. Where applicable law gives you rights to access, correct, delete, or obtain information about personal data, you may submit a request to [email protected]. DearingerMedia may need to verify the request and may retain information where permitted or required by law. These Terms do not authorize selling or sharing personal information for cross-context behavioral advertising.
11. Third-Party Services and Links
The Website may link to Instagram, email providers, form processors, hosting services, payment services, or other third parties. DearingerMedia does not control and is not responsible for third-party content, availability, security, privacy practices, or terms. Your use of third-party services is at your own risk and subject to their terms.
11A. Merchandise Purchases Through Printful
Merchandise links may direct you to Printful, a third-party platform that handles product selection, checkout, payment processing, production, fulfillment, and shipping. A purchase is completed on Printful rather than on this Website. Product availability, pricing displayed at checkout, taxes, shipping charges, delivery estimates, payment processing, returns, replacements, and other transaction matters are subject to the terms and policies presented during Printful checkout. DearingerMedia does not collect payment-card information through this Website. Review the product details and Printful policies before purchasing.
12. Website Availability and Changes
The Website may be changed, suspended, or discontinued at any time. DearingerMedia does not guarantee uninterrupted, secure, error-free, or virus-free operation, or that content will always be complete, current, or accurate. You are responsible for maintaining appropriate devices, software, backups, and security protections.
12A. Accessibility
DearingerMedia aims to provide reasonable access to Website information and services for people with disabilities. If you encounter an accessibility barrier or need Website information in another reasonable format, contact [email protected] and identify the page, feature, and assistance requested. DearingerMedia will make reasonable efforts to provide effective access consistent with applicable law.
13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RESULTS. PORTFOLIO EXAMPLES DO NOT GUARANTEE IDENTICAL RESULTS FOR A FUTURE PROJECT. NOTHING ON THE WEBSITE IS LEGAL, FINANCIAL, SAFETY, OR OTHER PROFESSIONAL ADVICE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DEARINGERMEDIA AND ITS OWNER, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR DAMAGES ARISING FROM WEBSITE USE, INABILITY TO USE THE WEBSITE, THIRD-PARTY SERVICES, OR RELIANCE ON WEBSITE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTAL LIABILITY ARISING FROM WEBSITE USE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID DEARINGERMEDIA SPECIFICALLY FOR ACCESS TO THE WEBSITE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW.
15. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless DearingerMedia and its owner, contractors, and representatives from third-party claims, losses, liabilities, damages, judgments, and reasonable costs arising from your unlawful misuse of the Website, your submissions, your infringement of another person’s rights, or your material violation of these Terms.
16. Governing Law and Venue
These Terms are governed by the laws of North Dakota and applicable United States federal law, without regard to conflict-of-law rules. Unless applicable law requires otherwise, exclusive venue for a dispute relating to these Website Terms will lie in the state or federal courts serving Cass County, North Dakota, and the parties consent to personal jurisdiction there. If you are a consumer and the law of your state does not permit this choice of law, venue, or jurisdiction, your non-waivable state-law rights and any legally required forum will control.
16A. State and Local Consumer Rights
These Terms are intended to apply throughout the United States, but federal, state, and local laws may provide rights that cannot be waived or limited by contract. Nothing in these Terms waives, restricts, or disclaims any warranty, remedy, privacy right, accessibility right, cancellation right, limitation period, forum right, or other consumer protection that applicable law makes non-waivable. If a disclaimer, liability cap, indemnity, venue requirement, claim deadline, or other provision is prohibited where you live, that provision applies only to the maximum extent permitted there. The remainder of the Terms remains in effect.
17. Time to Bring Claims
To the extent permitted by the law applicable to you, any claim relating to the Website must be filed within one year after the claim arose; otherwise, the claim is permanently barred. This section does not apply where federal, state, or local law prohibits shortening the relevant limitations period.
18. Changes to These Terms
DearingerMedia may update these Terms by posting a revised version and changing the “Last updated” date. Material changes may require renewed acceptance. Continued use after updated Terms become effective constitutes acceptance where permitted by law.
19. Severability; No Waiver; Assignment
If a provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without written consent. DearingerMedia may assign these Terms as part of a business transfer or reorganization.
20. Entire Agreement
These Terms are the entire agreement concerning use of the Website and supersede prior discussions about Website use. They do not replace any separate signed project agreement.
21. Contact
Questions about these Terms may be sent to [email protected].