TERMS OF USE

TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY

BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and AGNES MALORNY PHOTOGRAPHY (defined below), which governs your use of Products (defined below) obtained by purchase through this website at agnesmalorny.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 AGNES MALORNY PHOTOGRAPHY, doing business as AGNES MALORNY PHOTOGRAPHY.

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, 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 AGNES MALORNY PHOTOGRAPHY. All such Products are the intellectual property of and are owned by AGNES MALORNY 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 AGNES MALORNY PHOTOGRAPHY’s 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.

WHAT WE DO

AGNES MALORNY PHOTOGRAPHY is a resource through which you may obtain wedding photography services, portrait photography, family and business portraits, or other professional photography.

PRIVACY POLICY

AGNES MALORNY PHOTOGRAPHY permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available  here: http://www.agnesmalorny.com/privacy-policy/  which is incorporated herein by reference.
AGNES MALORNY PHOTOGRAPHY will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. AGNES MALORNY PHOTOGRAPHY will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. AGNES MALORNY PHOTOGRAPHY is the sole manager of such information collected on the Sites.

AGNES MALORNY PHOTOGRAPHY will use such information to respond to you as necessary. You grant AGNES MALORNY PHOTOGRAPHY a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as shipping of Products.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than AGNES MALORNY PHOTOGRAPHY to help support the maintenance of the Sites.
AGNES MALORNY PHOTOGRAPHY does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes 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 affiliate links and release AGNES MALORNY PHOTOGRAPHY from any loss or damage incurred from dealing with such affiliate.

INTELLECTUAL PROPERTY LICENSE

AGNES MALORNY PHOTOGRAPHY owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore;
(c) all things otherwise provided to you as a part of AGNES MALORNY PHOTOGRAPHY services, and; (d) any other intellectual property rights afforded to AGNES MALORNY PHOTOGRAPHY, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, AGNES MALORNY 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 Sites.
You agree not to make unauthorized use of or otherwise infringe upon AGNES MALORNY PHOTOGRAPHY’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. AGNES MALORNY PHOTOGRAPHY 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 the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, AGNES MALORNY PHOTOGRAPHY grants you a non-exclusive, non-transferable license to download, view, copy and print the digital images and printed products you purchase solely for your personal 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.

CONTACT

By using the Sites and entering personal information, you give AGNES MALORNY PHOTOGRAPHY permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let AGNES MALORNY PHOTOGRAPHY know by emailing us at agnesmalorny@gmail.com, and we will kindly refrain from doing so.


RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.


LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, AGNES MALORNY 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 THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO AGNES MALORNY PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.


GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Illinois. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Chicago, IL. AGNES MALORNY PHOTOGRAPHY reserves the right to change or modify these Terms at any time without notice to You.
Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of AGNES MALORNY PHOTOGRAPHY’s Products, Materials and services.
Any questions regarding the above Terms may be directed to: agnesmalorny@gmail.com

 

All rights reserved © Copyright 2017. AGNES MALORNY PHOTOGRAPHY

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