TERMS OF SERVICE – REBECCA LEIGH PHOTOGRAPHY
Rebecca Leigh Photography collects sales tax on orders made on the Website when required by law.
RETURNS POLICY: PRINTS AND ALBUMS
Prints are fulfilled through a third-party manufacturer upon order. Once orders are submitted, they are ﬁnal and nonrefundable. Photograph types are subject to availability from the manufacturer. You agree that you are aware that color ink used to create printed Photographs may fade or discolor in sunlight, due to elemental exposure, or due to the inherent qualities that vary by manufacturer. Client shall not hold Rebecca Leigh Photography responsible for any claims whatsoever based upon fading or discoloration due to sun, exposure, or other inherent qualities. You are responsible for all applicable taxes (including, but not limited to, sales tax and value added taxes) on any Photograph ordered from Rebecca Leigh Photography.
Rebecca Leigh Photography assumes no responsibility for errors or omissions that may appear in any Website Photographs or services.
Rebecca Leigh Photography DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. Any testimonials or endorsements by our customers or audience represented on our Website, landing pages, sales pages or offerings have not been scientifically evaluated.
Furthermore, Rebecca Leigh Photography does not represent and warrant that the Website or any Photographs contained on the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the associated downloads are free from viruses or harmful components. USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Galleries are password protected to maintain Your privacy using industry standard privacy protocols. We encourage Users to select secure passwords and not share passwords with others. In the event of a data breach or “hack” of client galleries, we will inform you within 72 hours of identifying the data breach or “hack.”
Galleries are available online for thirty (30) days after they are posted. After thirty (30) days, the galleries may be removed. We are not responsible for archiving or protecting Photographs after the galleries expire.
Payment is due in full at the time of purchase. Rebecca Leigh Photography retains the right to refuse access to the purchased Photographs and services if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Website will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to firstname.lastname@example.org.
User agrees to pay interest on all past-due sums at a rate of 12% per annum or the highest rate allowed by law, whichever is greater.
We may receive commissions or affiliate income from the Photographs sold on this website, including those sold as prints or albums.
Once purchased, Photographs are non-refundable unless they have been damaged in transit. Service packages are nonrefundable per the fee schedule included in the Client contract executed at the beginning of the Services.
The Website and the Photographs and services featured on the Website are intended for adults only. No user under the age of 18 may access or use the Website.
Rebecca Leigh Photography’s Photographs and materials are procured through Creative Commons licensing or by curating art available in the public domain.
The Photographs purchased on our Website and provided to our Users is provided under a single-user license for User’s individual use only, and shall remain the sole property of Rebecca Leigh Photography. User may not license, sell, or otherwise distribute the filters, materials, videos, documents, or other digital items purchased on the Website. By purchasing from the Website, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights that it may uncover intentionally or unintentionally.
Furthermore, by using any other interactive area of the Rebecca Leigh Photography Website and placing any information in any of those areas, the User grants to Rebecca Leigh Photography a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from its Use of the Website. User shall indemnify and hold harmless Rebecca Leigh Photography, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my use of the Website or download/ purchase of the Photographs thereon, excluding any such expenses and liabilities which may result from willful misconduct by Rebecca Leigh Photography, or any of its directors or employees.
User shall indemnify, defend, and hold harmless Rebecca Leigh Photography and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – arising out of or resulting from his or her use of the Website or purchase of the Photographs located thereon.
User shall indemnify, defend, and hold Rebecca Leigh Photography harmless for damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Rebecca Leigh Photography’s Photographs and services – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from User’s misuse of the Website or the Photographs and services offered there.
THIRD PARTY SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by Rebecca Leigh Photography.
Rebecca Leigh Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Rebecca Leigh Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
User agrees that in the following circumstances, Rebecca Leigh Photography may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s access to the Website:
(1) User becomes disruptive to Rebecca Leigh Photography or other users;
(2) User distributes the Photographs sold by Rebecca Leigh Photography without permission;
(3) Rebecca Leigh Photography discovers or reasonably suspects the User is harvesting data from the Rebecca Leigh Photography Website; or
(4) the User violates these terms as determined solely by Rebecca Leigh Photography.
Upon termination for any of the above reasons, User’s access to the Website will be restricted and/ or terminated completely. No refunds will be provided.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Ellicott City, Maryland for binding mediation. All claims against Rebecca Leigh Photography must be lodged within ninety (90) days of the date of the alleged breach or damage, whichever comes first. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to the jurisdiction named herein for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, in the United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement. Rebecca Leigh Photography may modify terms of this agreement at any time, and will update this webpage with a “last updated” date. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, further performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Website;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is NAME who can be reached as follows: