Terms of Use

IMPORTANT INFORMATION – PLEASE READ THESE TERMS OF — USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE, as they constitute a binding agreement between you (“user”) and Maria Soderman Photography, Sole Proprietor, doing business as Maria Soderman Photography (“Maria Soderman Photography”, “we”, “us” or the “Company”) regarding user’s access to and usage of the web site mariasodermanphotography.com (the “Site” or “Website”) and any service or product obtained through the Website or any related domains or subdomains.

YOUR ACCEPTANCE OF THESE TERMS OF — USE

These Terms of Use apply to all users of this website. By using this website you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not visit, access, browse or otherwise use the Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. We permit you to have full control of when, where and how you share your personal information and invite you to read our current Privacy Policy in full, which is incorporated herein by reference and available here.

We only collect and otherwise access information you provide to us voluntarily via this Website, email or other direct contact from you. We will use your information to respond to you, regarding the reason you contacted us. We will not rent, sell or otherwise distribute your personal information to any third parties, unless obliged by law, as specifically described in our Privacy Policy.

WHAT WE DO

We provide photography services, print, digital products, and educational material.

THIRD PARTY LINKS AND AGREEMENTS

Links on the Website may be referral links controlled by parties other than Maria Soderman Photography to help support the maintenance of the Website. We do not assume responsibility for or endorse any contents, products, services or use of any of these third party sites and make no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of third party links and release the Maria Soderman Photography from any loss or damage incurred from dealing with such third parties.

OWNERSHIP OF THIS WEBSITE AND ITS CONTENT

This Website and all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of the Website or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

INTELLECTUAL PROPERTY LICENSE

Maria Soderman Photography owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, and all other protected elements on the Site (except those licensed from others); (b) all things otherwise provided to you as a part of our services, and; (c) any other intellectual property rights afforded to Maria Soderman Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).

Except as stated below, Maria Soderman Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site. Your use of the Website and the Company’s Services and Products is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. When accessing this Website or utilizing the Company’s Services, you agree to obey and abide by laws regarding copyright ownership and use of intellectual property, and you agree not to make unauthorized use of or otherwise infringe upon our Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account. We will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of this Website content to ensure compliance with these Terms.

If you believe that any Content on the website is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act (DMCA) at mariasodermanphotography.com

DMCA NOTICE

We respect the intellectual property of others, and we ask our users to do the same we may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email us at [email protected] with the following information:

1. An physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email 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;

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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

SECURITY

Although we cannot make an absolute guarantee of system security, we take reasonable steps to maintain security. If you have reason to believe our system security has been breached, contact us at [email protected] for help.

If we find that files or processes belonging to any user of this website, pose a threat to the proper technical operation of the system or to the security of other members, we reserves the right to delete those files or to stop those processes. If the we suspect a user name is being used by someone who is not authorized by the proper user, we may disable that user’s access in order to preserve system security.

We retain the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisement. We reserve the right to refuse service to anyone and to cancel user access at any time.

YOUR OBLIGATIONS

In consideration of your use of this Website, you agree that to the extent you provide personal information to the Website it will be true, accurate, current, and complete and that you will update all personal information as necessary.

NO WARRANTIES / DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT, MATERIAL OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING — USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MARIA SODERMAN PHOTOGRAPHY, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WEBSITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS WEBSITE; (C) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIR– USES).

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS CONTAINED IN — USER-GENERATED CONTENT OR UNAUTHORIZED SPOKESPERSON. SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF MARIA SODERMAN PHOTOGRAPHY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLA– USE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, MARIA SODERMAN PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR — USE OF THIS WEBSITE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THAT LIABILITY IS FOUND FOUND AS TO MARIA SODERMAN PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES

You agree to indemnify, defend and hold MARIA SODERMAN PHOTOGRAPHY harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Website causes us to be liable to another.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF — USE; LOSS OF DATA; LOSS CA– USED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE — USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms of Use will be governed under the laws of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be litigated exclusively in state or federal court in the City of Scottsdale and the County of Maricopa. You hereby irrevocably consent and submit toe the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

THESE TERMS OF — USE MAY CHANGE

These Terms of Use are current as of the date is was published or posted on the Website . We reserve the right to change these Terms of Use at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Website. Your continued use of this Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time, you choose not to accept these Terms of Use, you should not use this Website.

ENTIRE AGREEMENT

These Terms of Use together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you, contain the entire understanding and agreement between you and Maria Soderman Photography with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Maria Soderman Photography with respect to this Website and your use of this Website. It is your responsibility to review these Terms prior to use and periodically throughout your use of this Site and its content, which includes products, materials and services.

TERMS OF PRODUCT PURCHASE AND — USE

The following is a legal agreement between you (“user”) and I Maria Soderman Photography, which governs your use of Products (defined below) obtained by purchase through this website at mariasodermanphotography.com, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to I Maria Soderman Photography, Solo Proprietor, doing business as Maria Soderman Photography. “Products” referred to by these Terms include but are not limited to: matted prints, keepsake image boxes and/or portfolios, digital images, communications, workshops, private lessons, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Ines Piquet Images. All such Products are the intellectual property of and are owned by Maria Soderman Photography. By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Maria Soderman’ Products immediately. Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

LICENSE FOR — USE OF PRODUCTS

So long as you comply with this Terms of Use, Maria Soderman Photography grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your individual use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you: (1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Products in any way, shape or form.

Purchasing a product or downloading free digital material does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

PURCHASE POLICIES

You acknowledge that all purchased Products and materials incur a $150 cancellation fee if cancelled after 24 hours of purchase.

Please remember that it is your responsibility to keep and save proof of your purchases. Maria Soderman Photography is not liable for any customer’s inadvertent or mistaken purchase of a Product or free download.

DEFINITIONS

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.

The terms “Maria Soderman Photography,” “we,” “us,” and “our” refer to Maria Soderman Photography, Maria Soderman Photography.

The term “including” means “including, but not limited to.”

The term “Site” refers to the website mariasodermanphotography.com owned by Maria Soderman Photography, Solo Proprietor. on which these Terms of Use are posted.

QUESTIONS

If you have any questions regarding this Site or the above terms, please contact us at mariasodermanphotography.com.

Maria Soderman Photography, Solo Proprietor.