Terms of Service Agreement
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
Thank you for reviewing our Terms of Service Agreement (hereinafter the Agreement”) for the LightAndAiryPhotog.com web site. This website is owned and operated by Annamarie Akins Photography LLC and Caroline Logan Photography LLC (hereinafter “Companies,” “We,” or “Us”). This Agreement applies to persons and organizations who visit, register with, subscribe to, purchase digital downloadable products (“Products”) from or otherwise use the LightAndAiryPhotog.com web site (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Companies’ services (“Services”) or the LightAndAiryPhotog.com web site (hereinafter referred to collectively as “LightAndAiryPhotog.com” or “the Site”).
2. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals and organizations who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by the Companies to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use our Site.
If you choose to purchase any product from the Site, you will be charged using your chosen payment method based on the cost of the product that you select and applicable taxes. Your charge will be authorized and processed at the time your product is selected by you and you expressly authorize such charge. All purchases are final and there are no refunds or returns.
4. User’s Responsibilities and Acknowledgements.
5. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or Products without the prior expressed written permission of the Companies and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation. You may not forward, resend, or otherwise retransmit email received through the Site.
Without limiting other remedies, we may issue a warning, and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, the Companies will not issue any refunds of any amount to you.
8. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Companies. Such links do not necessarily constitute an endorsement by the Companies of those sites. the Companies undertakes no obligation to monitor such sites, and you agree that the Companies is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
9. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
10. DMCA Policy.
the Companies takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), the Companies has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit the Companies to locate the material;
- Your contact information, including your mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
11. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.
12. Disclaimer of Warranties.
WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF the Companies. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, the Companies DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE the Companies, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY the Companies.
14. Limitation of Liability.
IN NO EVENT SHALL WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE ACTS OF ANY USER, AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT the Companies' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you download from the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. the Companies reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the Companies. You further agree to indemnify and hold harmless the Companies from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
16. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Users and not involving the Companies, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Richmond, Virginia USA and participation at such arbitration may be by telephone conference. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or the Companies may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Richmond, Virginia USA necessary to protect the rights or property of you or the Companies pending the completion of arbitration.
17. Grant of Licenses.
the Companies grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant email addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. By posting information or content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Companies, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide licence to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content.
Failure by the Companies to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
19. Right to Change this Agreement.
the Companies reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following the Companies’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
20. General Provisions.
This is the entire Agreement governing the use of the the Companies Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, USA, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the Commonwealth of Virginia. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of the Companies in accordance with applicable law and the remainder of the Agreement shall remain in full force.
21. Contact the Companies.
Except as explicitly stated otherwise, any notices to the Companies shall be given by email to Hello@LightAndAiryPhotog.com (in the case of the Companies). You agree that you will notify the Companies in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give the Companies a reasonable period of time to address it before bringing any arbitration or legal action.
What Personally Identifiable Information does TheLightAndAiryPhotog.com collect?
Generally, TheLightAndAiryPhotog.com collects personally identifiable information in the ways listed below. When you make a purchase from us, we will collect your credit card information to process the transaction and may ask you to send us additional information in order to complete your purchase. Where possible, we indicate which fields are required and which fields are optional. It's your decision whether you want to share personally identifiable information with us. We also collect personal information when you report a problem or issue with our services through the Site’s feedback form or contact form. If you contact TheLightAndAiryPhotog.com in any form, we may keep a record of that correspondence.
What are IP Addresses and how does TheLightAndAiryPhotog.com use them?
When your web browser requests a web page from another computer on the Internet, such as TheLightAndAiryPhotog.com, it automatically gives that computer the address where it should send the information. This is called your computer's "IP address." (IP stands for "Internet protocol.") For many users accessing the Internet, the IP address will be different every time you log on. We record the IP Addresses that access TheLightAndAiryPhotog.com along with related information such as your browser type and operating system. This information helps us, in part, learn about the geographical distribution of our website visitors and the technology they use to access our site so that we can improve our Site.
What are “cookies” and how does TheLightAndAiryPhotog.com use them?
Data collection devices, such as “cookies,” are used to store, and sometimes track, information about you. Generally, these cookies help provide personalized services and promote trust and safety. A cookie is a small file containing a small amount of data that is sent to your browser from a web server and placed on your computer’s hard drive to assist us in providing our services. All pages on the Site that are customizable request that you accept cookies. Cookies are only read by the server that placed them and are unable to execute any code or virus. Most cookies are “session cookies,” and are automatically deleted from your hard drive at the end of a session.
How does TheLightAndAiryPhotog.com use my information?
TheLightAndAiryPhotog.com uses your information to provide you with a customized website experience, to enable your use of all of the content, tools, and features we offer, and to process your purchase of a product. We may also use your personal information to communicate with you via email with our newsletter and if we need to contact you; resolve disputes; troubleshoot problems; detect and protect against error, fraud, or other criminal activity; and enforce our Terms of Service Agreement.
Who is collecting information?
When you are using the Site and are asked for personal information, you are sharing that information with TheLightAndAiryPhotog.com alone, unless we specifically state otherwise.
Please be advised that Web Sites to which TheLightAndAiryPhotog.com may link may collect personally identifiable information about you when you interact with them. The information practices of those Web sites linked to TheLightAndAiryPhotog.com are not covered by this privacy statement and you should be sure to check the policies of those Web sites to before disclosing your personal information to them.
With whom does TheLightAndAiryPhotog.com share my information?
We understand that your privacy is important. Generally, TheLightAndAiryPhotog.com will not disclose your personally identifiable information unless we have your permission or under certain circumstances, such as those described below.
When the Law Requires it: If we receive a subpoena, court order, or other legal process that requires that we disclose information about a User, we must comply with it and will disclose the required information.
Third-Party Service Providers: We may employ other trusted companies to perform functions on our behalf. Examples include processing credit card payments, order fulfillment, sending e-mail, analyzing data, and providing marketing assistance. Those trusted third party service providers have access only to personal information needed to perform their functions, but may not use it for other purposes.
Third Party Data & Data in the Aggregate: Aggregate data (data gathered across all user accounts) may be gathered in a non-personally identifiable form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas and services of the Site. Aggregate data may be disclosed in a non-personally identifiable manner to schools and other third parties. However, no personal information that could be used to identify you personally is disclosed in these situations.
Business Transaction: TheLightAndAiryPhotog.com reserves the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning or in connection with the Site, to a third party in the event of a sale or other transfer of assets or of any portion of our business. In the event TheLightAndAiryPhotog.com enters a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred.
Other: We may disclose account information where we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be violating TheLightAndAiryPhotog.com’s Terms of Service Agreement or may be causing injury to or interference with (either intentionally or unintentionally) TheLightAndAiryPhotog.com’s rights or property, other Site users, or anyone else that could be harmed by such activities. TheLightAndAiryPhotog.com may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our services.
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Policy. For example, as stated above, we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. We use industry standard practices to protect your privacy, however, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
What are my choices regarding collection, use, and distribution of my information?
If you choose to create an account on the Site, use the content and tools provided on the Site, or make a purchase, you will need to disclose certain information as specified above. TheLightAndAiryPhotog.com will send you email upon registration with the Site. TheLightAndAiryPhotog.com may also send you email from time to time, including but not limited to our email newsletter, confirmation emails for any correspondence initiated by you through the Site, and receipts for purchases made on the Site.
How may I use other users’ information?
In the event that you obtain the contact information of a User or Users of Site, you agree that you will not use such information for any improper purpose. Further, recognizing the global nature of the Internet, you agree to comply with all applicable local laws and rules regarding online conduct and privacy, as well as content. Specifically, but not as a limitation, you agree to comply with all applicable laws regarding transmission of technical and personal data exported from the United States or the country in which you reside.
What security precautions are in place to protect the loss, misuse, or alteration of my information?
Whenever TheLightAndAiryPhotog.com handles your personal information, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms of Service Agreement and this Policy. We use procedural and mechanical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. We cannot, therefore, warrant or ensure the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
How are children’s privacy protected?
TheLightAndAiryPhotog.com is not designed or intended for persons under the age of 18 and, if you are under the age of 18, you are not authorized to use the Site, or submit information to TheLightAndAiryPhotog.com.
Any questions regarding this statement should be directed to us through the use of our Contact page, which can be found at http://www.TheLightAndAiryPhotog.com.
This Policy is the sole authorized statement of TheLightAndAiryPhotog.com’s practices with respect to the online collection of personally identifiable information and the usage of such information.