IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AND OUR WEB SITE!
“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 Site, obtained from Lady Rose Photography. All such Products are the intellectual property of and are owned by Lady Rose 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 Lady Rose Photography’s Products immediately.
Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, 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
Lady Rose Photography is a resource through which you may obtain Professional portraiture, high quality products, and professional services.
Lady Rose Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Lady Rose 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. Lady Rose Photography is the sole manager of such information collected on the Site. Lady Rose Photography will use such information to respond to you as necessary. You grant Lady Rose 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 for shipping of Products.
Links on the Site may be affiliate links controlled by parties other than Lady Rose Photography to help support the maintenance of the Site. Lady Rose Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site 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 Lady Rose Photography from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Lady Rose 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 Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Lady Rose Photography’s services, and; (d) any other intellectual property rights afforded to Lady Rose Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Lady Rose 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.
You agree not to make unauthorized use of or otherwise infringe upon Lady Rose Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Lady Rose 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.
(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 beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Lady Rose Photography is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Lady Rose Photography will not reimburse you for such downloads.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. Due to the nature of digital downloads, it is not refundable. All sales are final.
All monies paid are non-refundable. Once the payment has started, the payment plan cannot be cancelled. Products will be delivered once the payment is paid in full.
You acknowledge that in the event that there is a Cancellation of the Assignment, Lady Rose Photography will incur expenses and financial loss. Therefore, you agree to notify LRP of a Cancellation at least 72 hours prior to the expected Cancellation date in order to minimize Lady Rose Photography’s costs, expenses, and loss of income. Due to the custom assignment and inability of LRP to perform other sessions during time reserved for Client, if LRP has received payment for a scheduled Assignment, Client will not be entitled to a refund if he or she cancels the Assignment. Lady Rose Photography will reschedule your session at her next availability. Session that was paid is transferrable to the same area of type of session as follows: newborn can be transferred to either 4, 6 or 7 month old session ; maternity can be transferred to either 4, 6 or 7 month old session. Family is non transferrable and so as the rest of the session types that are not mentioned (but will be rescheduled). Only one attempt of rescheduling allowed. There will be an 80 dollar fee for second time rescheduling unless Lady Rose Photography is the one changing the session date.
PRODUCTS ARE PROVIDED “AS IS”. LADY ROSE PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LADY ROSE PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, LADY ROSE 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 YOUR BUSINESS NAME, 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 FLORIDA. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the Winter Garden, Florida. Lady Rose 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 Lady Rose Photography’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
210 N Tubb St #218, Oakland, FL 34760
All rights reserved © Copyright 2021. Lady Rose Photography, LLC.
- WHAT PERSONALLY IDENTIFIABLE INFORMATION LADY ROSE PHOTOGRAPHY COLLECTS FROM YOU THROUGH THE SITES, HOW IT IS USED AND WITH WHOM IT MAY BE SHARED.
- WHAT CHOICES ARE AVAILABLE TO YOU REGARDING THE USE OF YOUR DATA.
- THE SECURITY PROCEDURES IN PLACE TO PROTECT THE MISUSE OF YOUR INFORMATION.
- HOW YOU CAN CORRECT ANY INACCURACIES IN THE INFORMATION.
what information is collected?
internet traffic data
internet traffic data includes but is not limited to internet service provider information, collection of ip addresses, entry and exit pages, various operating systems and other such information. we collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through lady rose photography to allow for a more customized and enjoyable user experience.
we use “cookies” on these site. a cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. for instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. cookies can also enable us to track and target the interests of our users to enhance the experience on our site. usage of a cookie is in no way linked to any personally identifiable information on our sites.
lady rose photography must collect some information from you (“identifier information”) to allow you to use and access services, products and materials. identifier information is only collected by your personally providing such information to lady rose photography via e-mail, by phone, or otherwise through lady rose photography website pursuant to making a purchase or requesting service.
information collection, use, and sharing
we are the sole owners of the information collected on the sites. we only have access to/collect information that you voluntarily give us via email or other direct contact from you. we will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.
we will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
your access to and control over information
you may opt out of any future contacts from us or request that we discontinue sending of email and other communications at any time at any time by contacting us at firstname.lastname@example.org.
we take precautions to protect your information. when you submit sensitive information via the sites, your information is protected both online and offline.
wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. we have included common indications of such secured features when appropriate such as a closed lock icon at the bottom of your web browser.
while we use encryption to protect sensitive information transmitted online, we also protect your information offline. only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. the computers/servers in which we store personally identifiable information are kept in a secure environment.
in order to use these sites, a user may complete the registration form. during registration a user is required to give certain information (such as name and email address). this information is used to contact you about the products/services on our site in which you have expressed interest. at your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
we request information from you on our order form. to buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). this information is used for billing purposes and to fill your orders. if we have trouble processing an order, we will use this information to contact you.
surveys & contests
from time-to-time our site requests information via surveys or contests. participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). contact information will be used to notify the winners and award prizes. survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.