Terms of Service
I. Use of the Website
We reserve the right, at our sole discretion, to revise any part of these Terms of Service at any time. You acknowledge that you are responsible for periodically checking our website for revisions and that your continued use of, or access to, our Site or Services constitutes acceptance of the revised Terms of Service.
A. Educational/Informational Purposes Only
The website, including resources, services and products provided therein, (collectively, “website”) are for educational and informational purposes only, and not intended as a substitute for health, financial or legal advice provided by a qualified professional.
Every effort is made to present accurate information, however, you acknowledge that information is constantly changing, and that we are neither liable for any errors or omissions, nor any damages or loss you may incur, including but not limited to third-party products and services. Your access and/or use of this site is voluntary and you assume full responsibility for your use or non-use of this site and agree that we are not guaranteeing a specific result or outcome, and any statements or testimonials are not a guarantee of current or future results.
B. Consultations and Photography Services
With respect to consultation services, scheduling an appointment and/or providing payment is not a guarantee of delivery of the consultation services. A Pre-Consultation Questionnaire may be required for review prior to the start of any consultation service in order to better qualify questions and ensure that your matter is aligned with services we provide. Please note that whether or not a matter is aligned will be determined at our sole discretion. In the event that a matter is not aligned, the consultation service will be declined, your fee refunded as applicable, and you may be referred to another service for assistance, which may or may not include professionals with whom we are affiliated. Any affiliate relationships will be clearly identified.
If your matter is aligned, you may move forward with scheduling a consultation appointment and a full or partial payment may be immediately due, depending on the type of product or service selected.
For Photography Services, a separate Client Agreement, incorporated by reference herein, will need to be signed and will govern the client-photographer relationship.
We will work within professional ethics and guidelines. All relevant information will remain strictly confidential except in very rare circumstances where decreed by law, i.e. where the court might issue a subpoena for the file or information.
2. Conclusion of Services; Retention and Disposition of Information
Upon termination or conclusion of services, any otherwise non-public information you have supplied to us may be retained by us for a short period of time. You agree that after the termination or conclusion of services, we may destroy, or otherwise dispose of, these files without further notice to you, e.g. nonusable photo images, etc.
D. Community Guidelines and Intellectual Property
You agree that you will not use, or upload or create content on, the website for any unlawful purpose, including, but not limited to content that infringes the intellectual property or privacy rights of any third parties, is defamatory, obscene, pornographic, unlawfully threatening, harassing or humiliating, hateful, racially or ethnically offensive, or impersonates any person, thing or entity, or creates a risk to anyone’s safety or privacy.
Regarding intellectual property, you retain the rights to the content you provide on or through the website. However, to the extent that you provide us with content, including text, testimonials, photographs, images or other works of authorship, on or through the website or your account, you grant us a worldwide, non-exclusive, assignable, sublicenseable, fully paid up, royalty-free, perpetual, irrevocable, unlimited license to copy, display, reproduce, perform, use and create derivative works from such content without any further notice or obligation to you or any third parties. You also acknowledge that we are under no obligation to use such content.
DMCA/Safe Harbor: We may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your intellectual property rights are being infringed by a user of our website, you may write to our Designated Agent at firstname.lastname@example.org and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the rights owner.
- Identification of the intellectual property rights that have been allegedly infringed.
- The complete URL and/or a sufficiently detailed description of the allegedly infringing Content and its location on our website. Please note that providing our Home Web Address www.yvonneshoots.com does not sufficiently identify the allegedly infringing content or where it may be located on our website.
- Your complete name, address, telephone number and a valid email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Please note that we may provide a copy of your DMCA notice or counter notice to the other parties concerned. You acknowledge that we are not in a position to arbitrate disputes between third parties, and that we reserve the right to remove or disable access to any content in violation of this Agreement or applicable law.
You may be liable for damages if you knowingly misrepresent that your intellectual property rights have been infringed or that Content was removed or disabled by mistake. If you are unsure whether your intellectual property rights have been infringed, please contact an attorney for further guidance prior to contacting us. For more information on copyright visit the United States Copyright Office at http://www.copyright.gov and http://www.copyright.gov/circs/.
II. Limitation of Liability, Indemnification & Warranties
A. Limitation of Liability & Warranties
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. The website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our parent, directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract or tort, strict liability or otherwise, arising from your use or non-use of any of the website , including any resources, services and products acquired through the website, or for any other claim including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of use of the Site or Services, including any content or products made available through the Site or Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
A. Governing Law; Dispute Resolution
This Agreement shall be governed by the laws of the State of Texas. Any dispute arising from this Agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty (30) days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in Austin, Texas in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Austin, Texas.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
C. Entire Agreement
These Terms of Service constitute the entire Agreement and understanding between us and supersedes any prior or contemporaneous communications, whether oral or written, between us. If we fail to exercise or enforce any right or provision of these Terms of Service, it shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Most recent update: September, 2023