Terms + Conditions
BY VISITING Birth & Life Photography.com
YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, “our”, “Alex Shelley”, “Alex Shelley Photography” , and “Birth & Life Photography” refers to Alex Shelley Photography, LLC. The term the “Site” refers to “birthandlifephotography.com” and all online class sites connected with Alex Shelley Photography, LLC. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
"Birthandlifephotography.com” provides a website where users can read articles on photography sessions, family stories, and portrait products (the “Service”). Use of birthandlifephotography.com, including all materials presented herein and all services provided by Alex Shelley Photography, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product or service from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. If you are under 18 and reading this, I appreciate your visit, but that said, come back when you’re 18, or get a parent to view the information.
CONTENT DISCLAIMER; ERRORS; REVISIONS
Notwithstanding the foregoing or anything to the contrary, Company reserves the right to change, alter, amend or otherwise revise the Website or the Service (including any Content contained therein) at any time, for any reason, with or without notice. User acknowledges that the Website and Service (including any Content contained therein) are not guaranteed to be complete, correct, error-free, bug-free, virus-free timely, current or up-to-date or otherwise reliable, and Company makes no warranty or guaranty that it will undertake any obligation to modify the Website or the Service (including any Content contained therein) to correct such conditions. Company reserves the right, exercisable at any time for any reason, with or without notice to Users: a) to alter or delete or revise the Website or Service (including any Content contained therein) in any way, including but not limited to changes in content, design, layout, form, functionality, or software or hardware necessary to access the Website and Services (including any Content contained therein) and; b) to shutdown the Website or the Service (including any Content contained therein) temporarily or permanently. In addition to the foregoing, Users may not be able to access the Website or Service (including but not limited to any Content contained therein) from time to time as a result of traffic congestion or acts beyond our reasonable control (e.g. fire, flood, loss of power, riots, terrorists attack, internet failure, equipment failure, failure or lack of telecommunications or network connections or computer systems, et. al. (collectively “Force Majeure Event”)). In the event of the occurrence of a Force Majeure Event, Company will have no liability for its inability or failure to make the Website or Service (including any Content contained therein) available but Company will use commercially feasible efforts to restore the affected Website or Service (including any Content contained therein) as soon as reasonably feasible.
In order to use the Service, you are required to provide information about yourself including your name, email address, other personal information. You agree that any information you give to Alex Shelley will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Alex Shelley reserves the right to refuse service based on your provision of inaccurate account information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use the Site and to purchase services or products through the Company or Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. If you don’t have anything nice to say, please keep your thoughts to yourself.
REFUSAL OF SERVICE
Alex Shelley reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Alex Shelley reserves the right to limit the number of participants in any given service. Alex Shelley may at any time change or discontinue any aspect or feature of the Site or Service.
We will email you to confirm your session and with details concerning service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please, please do this. We really do like you!
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final unless otherwise stated in a guarantee.
We endeavor to describe and display the Service and products as accurately as possible. While we try to be as clear as possible in explaining the Service and products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because vendor prices may have changed. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Alex Shelley from any claim against Alex Shelley resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Alex Shelley reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
By submitting Material to Alex Shelley, you agree to hold Alex Shelley harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all product are the intellectual property of Alex Shelley. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In other words, don’t steal.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Sit or Service. Additionally, Alex Shelley is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Alex Shelley has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Alex Shelley’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Alex Shelley, and if no purchase has been made by you Alex Shelley’s cumulative liability to you shall not exceed $1.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Company does not imply any endorsement or recommendation of any products, services, promotions, or warranties offered by any third party links or third party advertisers link or contained in their website or service including any content contained therein. User acknowledges sole responsibility for and assume all risk arising from your use of any such websites or resources. Users acknowledge that the foregoing disclaimer applies without limitation to any and all written or oral references or mere mentions of goods, products, services, promotions or other information even if, solely or in combination, by use of such third party’s trade name, trademark, manufacturer, supplier, advertiser or otherwise.
Users acknowledge that, in leaving the Website or Service (including any Content contained therein) to use such Third Party Links or Third Party Advertising Links or purchasing a product from a Third Party Link or Third Party Advertising Link, it does so at its own risk. Such Third Party Links and Third Party Link Advertisers each operate its own processing, fulfillment, billing and customer service, and a User’s purchases of goods or services is governed solely by terms and conditions of sale established by such Third Party Link or Third Party Advertising Link (including any and all warranties, (whether express or implied), disclaimer of warranties, limitation of liability) and any privacy policies.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Alex Shelley shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Alex Shelley.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Birthandlifephotography.com, 8901 Tehama Ridge Pkwy, Box 127-169, Fort Worth, Texas 76177
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Tarrant County, TX. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Every effort has been made to accurately represent this product and its quality.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
Unless otherwise noted, due to the custom nature of photography all product sales are final. If you are dissatisfied for any reason, simply contact firstname.lastname@example.org. Additional product information and guarantees are lined out in the Client Contract for Service Agreement.
If you do not understand or agree with any of these conditions, please do not purchase this service or any products. If you require further clarification, please contact email@example.com
Alex Shelley Photography, LLC