MARIA SODERMAN PHOTOGRAPHY
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
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
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 firstname.lastname@example.org 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.
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@example.com 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.
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
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.
GOVERNING LAW, JURISDICTION AND VENUE
THESE TERMS OF — USE MAY CHANGE
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
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.
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.
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.”
If you have any questions regarding this Site or the above terms, please contact us at mariasodermanphotography.com.
All rights reserved © Copyright
Maria Soderman Photography, Solo Proprietor.