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Terms & Conditions

Updated: February 3, 2021

 

Thank you for visiting Trish L. Glassey Photography (the “Company”).   Please carefully read these Terms and Conditions and our Privacy Policy, Shipping Policy and Returns Policy, which are incorporated into these Terms and Conditions by this reference.  These Terms and Conditions apply to our products, services and our website at https://CaliforniaPhotoCards.com (collectively, the “Services”). 

 

Unless otherwise noted, the Services are the property of the Company and its licensors. By using the Services, you agree to these Terms and Conditions and all applicable laws and regulations.  If you do not agree to these Terms and Conditions, do not use the Services. 

 

The Services are not intended for the use of children under 18 and no such person is authorized to use them.  By using the Services, you are representing that you are at least 18 years old. 

 

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. 

 

Content

 

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

 

Except as expressly provided in these Terms and Conditions, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

 

User Submissions, Feedback and Information

 

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms and Conditions.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of the Company and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and the Company shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant the Company an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms and Conditions. 

 

Your Use of the Services

 

In connection with your use of the Services, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;

  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use the Services to transmit, distribute, post or submit any information concerning any other person or entity;

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;

  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;

  • display, mirror or frame the Services, or any individual element within the Services, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;

  • access, tamper with, or use non-public areas of the Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers;

  • attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or

  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

 

The Company reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Copyright Policy

 

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

  • description of the copyrighted work that you claim has been infringed;

  • description of the material that you claim is infringing and where it is located on the Services;

  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;

  • your address, telephone number, and email address;

  • 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;

  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You can contact our Copyright Agent via email at scenesbytlg@gmail.com or by mail at Copyright Agent, c/o Trish L. Glassey Photography, 110 Bunker Hill, Aptos, CA 95003. 

 

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

 

Links to Other Sites

 

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.


Disclaimer; Limitation of Liability

 

THE SERVICES AND ALL CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

 

The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

 

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE COMPANY OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE AMOUNT PAID OR OWED BY YOU TO THE COMPANY IN THE TRANSACTIONS GIVING RISE TO THE CLAIM.

 

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

 

Indemnity

 

You agree to indemnify and hold the Company harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party. 

 

Violation of These Terms and Conditions

 

You agree that the Company may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity. 

 

Governing Law; Dispute Resolution

​

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising hereunder or relating hereto shall be resolved by binding arbitration in Santa Cruz County, California.  Any arbitration under these Terms and Conditions will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, and will be administered by the AAA.

 

Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

 

To the extent that any lawsuit or court proceeding is permitted under these Terms and Conditions, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Santa Cruz County, California for the purpose of litigating all such disputes.

 

Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.  YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS AND CONDITIONS.

 

Users Outside of the United States

 

The Company is located in the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous

 

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

All provisions of these Terms and Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms and Conditions, together with the Privacy Policy, Shipping Policy and Returns Policy and any other legal notices published by the Company, constitute the entire agreement between you and the Company with regard to your use of the Services. The Company’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by the Company of any provision or any right it has to enforce these Terms and Conditions.  Any such waiver must be in writing in order to be effective.  These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Canada

 

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

 

Notice for California Users

 

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

Questions and Contact Information

 

The Company is located at:

 

110 Bunker Hill

Aptos, CA 95003

 

Please contact us if you have any questions about our Terms and Conditions. You may contact us by sending correspondence to the foregoing address or by emailing us at scenesbytlg@gmail.com.  

 


 

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