TERMS OF USE

February 4, 2017

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Alaina Bos Photography, Inc. (defined below), which governs your use of Products (defined below) obtained by purchase through this website at alainabos.com or alaina-bos.com, or any related domains or subdomains (the “Site”).  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 Alaina Bos Photography, Inc., doing business as Alaina Bos Photography.

“Products” referred to by these Terms include but are not limited to: anything 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 Alaina Bos Photography.  All such Products are the intellectual property of and are owned by Alaina Bos Photography.

By purchasing and/or using 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 Alaina Bos 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

Alaina Bos Photography is a resource through which you may obtain portrait photography services, wedding photography services, and educational resources regarding our services.

PRIVACY POLICY

Alaina Bos 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.alainabos.com/privacy-policy which is incorporated herein by reference.

Alaina Bos Photography will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you.  Alaina Bos 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. Alaina Bos Photography is the sole manager of such information collected on the Site.  Alaina Bos Photography will use such information to respond to you as necessary.  You grant Alaina Bos Photography a worldwide, royalty-free, non-exclusive 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.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Alaina Bos Photography to help support the maintenance of the Site.  Alaina Bos 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 Alaina Bos Photography from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

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

Alaina Bos 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 Alaina Bos Photography services, and; (d) any other intellectual property rights afforded to Alaina Bos Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Alaina Bos 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 Alaina Bos Photography’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so.  Alaina Bos 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 Site.

So long as you comply with this Terms of Use, Alaina Bos Photography grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital 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;

(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.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Alaina Bos 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 Alaina Bos Photography will not reimburse you for such downloads.

 CONTACT

By using the Site and entering personal information, you give Alaina Bos 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 Alaina Bos Photography know by emailing us at info@alainabos.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.

NO WARRANTIES

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ALAINA BOS PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Alaina Bos Photography uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Alaina Bos Photography, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Alaina Bos Photography ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via email at: info@alainabos.com. In addition, Alaina Bos Photography is unable to make representations or warranties as to the functionality of this Website, whether it is free of errors, and whether the server hosting the Website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Website is at your own risk. Alaina Bos Photography, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, ALAINA BOS 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 ALAINA BOS 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.  Alaina Bos 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 Alaina Bos Photography’s Products, materials, and services.

Any questions regarding the above Terms may be directed to: info@alainabos.com

 

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