TERMS OF USE

PLEASE READ THESE TERMS OF USE (“Terms of Use”) PRIOR TO USING THIS WEBSITE. THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT (“AGREEMENT”) BETWEEN USER AND THE COMPANY RESPECTING USER’S ACCESS TO AND USAGE OF THE WEBSITE AND ANY SERVICE MADE BY THE COMPANY. BY VISITING, ACCESSING, BROWSING OR USING THE WEBSITE, USER AGREES AND CONSENTS TO BE BOUND BY THESE TERMS OF USE. USER’S CONSENT TO BE BOUND BY THESE TERMS OF SERVICE SHALL HAVE THE SAME LEGAL EFFECT AND IMPORT AS IF USER HAD PERSONALLY SIGNED AN ORIGINAL WRITTEN VERSION OF THESE TERMS OF USE. USER AGREES TO BE BOUND BY THESE TERMS OF USE EACH AND EVERY TIME USER ACCESSES OR USES THE WEBSITE OR ACCESSES THE COMPANY’S SERVICE. USER ACKNOWLEDGES THAT COMPANY MAY IN ITS DISRECTION, WITH OR WITHOUT NOTICE TO USERS, CHANGE THESE TERMS OF USE AT ANY TIME OR FROM TIME TO TIME, FOR ANY REASON. ANY SUCH CHANGES WILL BECOME EFFECTIVE UPON POSTING SUCH CHANGES IN THE TERMS OF USE SECTION OF THE WEBSITE. IT IS IMPORTANT FOR YOU TO VISIT THIS PAGE PERIODICALLY TO REVIEW THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, PLEASE DO NOT VISIT, ACCESS BROWSE OR OTHERWISE USE THE WEBSITE OR ACCESS THE COMPANY’S SERVICE. 

Definitions

“Website” shall mean and include all the materials, text, information, concepts, photographic images, narrative, music, design, videos or any other content generally viewable by Visitors on www.ginalantzphotography.com.

“Company” refers to Gina Lantz Photography LLC, a Colorado limited liability company, owner of the Website.

“Us” or “we” or “our” refers to the Company.

“Visitor” is someone that merely visits or browses our Website.

“User” is a collective identifier that refers to either a Visitor or a Member.

“You” or “Your(s)” refers to you as a Visitor or User.

“Content” shall mean any all text, music, information, materials, concepts, program materials, photographic images, manuals, narratives, design, graphics, videos or any other content offered by the Company on or in Website or Service (including any Blog), but excluding Member Content

“Blog” shall mean that portion of the Company’s Website containing the Company representative’s experiences, observations, narratives, videos, photographic images or graphics or containing links to other websites, exclusively available to Users for viewing.

“Terms of Use” shall mean these rules, regulations, restrictions, policies and limitations respecting access to and use of the Website by Users.

“Third Party Link” or “Third Party Advertiser Link” shall have the meaning as further set forth herein.

AGREEMENT; SOLE AND ENTIRE UNDERSTANDING; REVISIONS AND AMENDMENTS

Except as may be provided in these Terms and Conditions User’s access and use of the Company’s Website or Service, these Terms of Use: a) constitutes the entire and only agreement between the Company and you; and b) supersede any and all other agreements, representations, warranties and understandings, whether in oral or written form, respecting access or other use of our Website or Service. 

The Company may revise or amend this Agreement at any time without specific notice to you. The then latest Agreement will be posted on our Website, and Users should review this Agreement prior to using our Website or Service. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website or access our Service. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Service.

WEBSITE LIMITED LICENSE GRANT

Subject to the terms and conditions contained herein, Company grants you as a Visitor a non-exclusive, limited right to view the public areas of our Website. Your use as a Visitor to the Website is solely for personal, private, non-public, non-commercial purposes. Notwithstanding anything to the contrary, Company reserves all right, title and interest in and to the Company name, Website, Content, Blog, and collectively any and all associated logos, trademarks, service marks or other properties; User agrees to not use any of the foregoing without the Company’s prior written consent, which may be withheld by Company in its absolute sole discretion. The Company’s grant of the foregoing does not in any way: 1) create or establish any other relationship between you and the Company, including but not limited to any joint venture, partnership, agency, employment, franchise or other relationship. No person or entity not a party to these Terms of Use will be deemed as a third party beneficiary of the rights granted herein.

CONTENT DISCLAIMER; ERRORS; REVISIONS

Notwithstanding the foregoing or anything to the contrary, Company reserves the right to change, alter, amend or otherwise revise the Website (including any Content contained therein) at any time, for any reason, with or without notice. User acknowledges that the Website (including any Content contained therein) are not guaranteed to be complete, correct, error-free, bug-free, virus-free timely, current or up-to-date or otherwise reliable, and Company makes no warranty or guaranty that it will undertake any obligation to modify the Website (including any Content contained therein) to correct such conditions. Company reserves the right, exercisable at any time for any reason, with or without notice to Users: a) to alter or delete or revise the Website (including any Content contained therein) in any way, including but not limited to changes in content, design, layout, form, functionality, or software or hardware necessary to access the Website (including any Content contained therein) and; b) to shutdown the Website (including any Content contained therein) temporarily or permanently. In addition to the foregoing, Users may not be able to access the Website (including but not limited to any Content contained therein) from time to time as a result of traffic congestion or acts beyond our reasonable control (e.g. fire, flood, loss of power, riots, terrorists attack, internet failure, equipment failure, failure or lack of telecommunications or network connections or computer systems, et. al. (collectively “Force Majeure Event”)). In the event of the occurrence of a Force Majeure Event, Company will have no liability for its inability or failure to make the Website (including any Content contained therein) available but Company will use commercially feasible efforts to restore the affected Website (including any Content contained therein) as soon as reasonably feasible.

DISCLAIMER OF WARRANTIES

ANY USER’S USAGE OF THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) IS AT USER’S OWN RISK. THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) IS PROVIDED ON AN “AS IS”, “WHERE IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. USERS ACKNOWLEDGES AND AGREES THAT THE COMPANY HAS MADE, AND HEREBY DOES NOT MAKE ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS) HAS NOT MADE AND DOES NOT MAKE ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN). WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS) DOES NOT PROMISE THAT THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL BE ACCURATE, RELIABLE, PROMISE ANY SPECIFIC RESULTS, BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR THE SERVER OR NETWORK CONNECTIONS OR SOFTWARE THAT MAKE THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE AT ANY TIME SHALL LIMIT THIS DISCLAIMER OF WARRANTIES OR OTHERWISE CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. NOTHING CONTAINED HEREIN SHALL AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY (OR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER THEORY LOSS, ARISING FROM ANY USER’S USAGE OF THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR ANY SOFTWARE OR HARDWARE USED TO MAKE THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER’S EXCLUSIVE REMEDY AND COMPANY’S TOTAL LIABILITY TO YOU, IF ANY, FOR ANY CLAIM WHATSOEVER, REGARDLESS OF THE CLAIM THEORY (WHETHER BASED ON CONTRACT, TORT, WARRANTY, INDEMINIFICATION OR OTHEWISE) OR THE EXISTENCE OF MULTIPLE CLAIMS, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID, IF ANY, BY USER TO THE COMPANY FOR ONE MONTH’S ACCESS TO THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) 

THIRD PARTY LINKS, THIRD PARTY ADVERTSING LINKS AND SERVICES OR PRODUCTS OFFERED

The Company’s Website (and any Content contained therein) may contain links to other websites which are not operated by the Company and which may or may not offer goods or services for sale or lease (“Third Party Links”). In addition, the Company from time to time may include links to third party advertising, sponsorship or promotional materials on the Website (including any Content contained therein) (“Third Party Advertising Link Content” or “ Third Party Advertiser Link”). Third Party Links or Advertisers are responsible for ensuring that material submitted for inclusion on our Website (including any Content contained therein) is accurate and complies with applicable laws. The Company does not monitor the accuracy of the material provided or the products or services provided by Third Party Links or Advertisers

COMPANY DOES NOT ENDORSE, GUARANTEE, WARRANTY, OR RECOMMEND ANY PRODUCTS OR SERVICES OR PROMOTIONS OFFERED BY SUCH THIRD PARTY LINKS OR THIRD PARTY ADVERTISER LINKS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT, PROMOTION OR SERVICE CONTAINED IN THIRD PARTY LINKS OR THIRD PARTY LINK ADVERTISING CONTENT CONTAINED ON THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN). Users acknowledge that the foregoing disclaimer applies without limitation to any and all written or oral references or mere mentions of goods, products, services, promotions or other information even if, solely or in combination, by use of such third party’s trade name, trademark, manufacturer, supplier, advertiser or otherwise.

Users acknowledge that, in leaving the Website (including any Content contained therein) to use such Third Party Links or Third Party Advertising Links or purchasing a product from a Third Party Link or Third Party Advertising Link, it does so at its own risk. Such Third Party Links and Third Party Link Advertisers each operate its own processing, fulfillment, billing and customer service, and a User’s purchases of goods or services is governed solely by terms and conditions of sale established by such Third Party Link or Third Party Advertising Link (including any and all warranties, (whether express or implied), disclaimer of warranties, limitation of liability) and any privacy policies.

PRIVACY POLICY

The Company’s Privacy Policy is considered an integral part of these Terms of Use and is incorporated herein by reference. The Company’s Privacy Policy is available on the Website by clicking the link “Privacy Policy”.

USER INDEMNIFICATION

User agrees to hold harmless, defend and indemnify the Company (including its agents, officers, directors, employees, and successors and assigns) from and against any and all loss damage and expense (including for reasonable attorneys fees) from any third party claim, demand or action arising out of User’s breach of any of its obligations, warranties or representations under this Agreement

ARBITRATION

Any controversy or claim between User and Company arising out of or relating to the Website or Service shall be addressed solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, excluding, however: a) any and all Company claims by the Company against a User to collect any sums due under these Terms of Service or any Monthly Subscription Fee due under the Monthly Subscription Agreement; b) any and all actions by the Company to recover damages from a User for a violation of these Terms of Use or the Monthly Subscription Agreement’s terms and conditions and; c) any action by the Company to enjoin and prohibit User from engaging in behavior in contravention of these Terms of Use on or in connection with the Website or Service (including any Content contained therein).

Any such controversy or claim not excluded under the immediately preceding subparagraphs a), b) or c) shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Any arbitration proceeding shall be conducted in the City or County of Los Angeles, California and any arbitration award may be enforceable in any court having jurisdiction thereof. Either party may seek an interim or preliminary protective order from a court of competent jurisdiction in the City or County of Los Angeles California pending the completion of arbitration. Each party shall split the arbitration fees and costs on a 50-50 basis, provided however, that each party will bear its own attorney fees.

General Terms

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. User agrees to submit to the personal jurisdiction and venue of such courts. If any of the terms and conditions contained in these Terms of Use or the Monthly Subscription Agreement are held by a court of competent jurisdiction or an arbitration award to be contrary to law, such interpretation shall be changed and interpreted such that it best accomplishes the intent and objectives of the original provision to the fullest extent allowed by law, with the understanding that all other non-conflicting provisions will remain in full force and effect. The Company’s failure to enforce or insist upon strict performance of any User’s obligations or the Company’s failure to exercise any of its rights or remedies under these Terms of Use or the Monthly Subscription Agreement shall not constitute a waiver of rights and remedies in any individual or multiple number of instances. Any and all provisions of these Terms of Use and the Monthly Subscription Agreement shall survive any termination or expiration of this Agreement.

 

ONLINE PRIVACY POLICY

COLLECTING AND USING YOUR PERSONAL INFORMATION

As you visit, browse, access or otherwise use the Company’s Website or communicate with the Company, you may be asked to disclose certain Personal Information so that the Company can make you aware of the Website and provide you with access to the Service. So that you can reasonably determine whether to disclose your Personal Information to Company via the Website, or Service, the Company is providing you with these guidelines about how the Company collects uses and stores Personal Information. By visiting, accessing, browsing or using the Website, and in some cases becoming Members, you agree to be bound by the terms and conditions of this Online Privacy Policy. This Online Privacy Policy only applies to Personal Information collected on the Website and does not apply to information collected by the Company from you through any other means or to any third party link accessible through the Website. The Online Privacy Policy covers how the Company collects uses stores and shares Personal Information submitted and collected online as of the date upon which this Online Privacy Policy is posted (or as may be amended from time to time and posted on the Website). The Company may change this Online Privacy Policy at any time, for any reason. Any such changes, revisions, alterations or deletions made to this Online Privacy Policy shall become effective immediately upon posting. It is therefore important for you to visit this Online Privacy Policy from time to time.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY DO NOT ACCESS THE COMPANY’S WEBSITE OR USE ITS SERVICE.

All defined terms set forth in the Company’s Terms of Use and Monthly Subscription Agreement posted on the Company’s Website shall have the same meaning in this Online Privacy Policy.. The following additional definitions shall apply governing this Privacy Policy.

“Personal Information,” for purposes of this Privacy Policy shall mean data that is unique to an individual, such as a name, address, credit card or debit card number, e-mail address, postal or billing address and telephone number, whether contained in text or electronic messages, or mobile applications downloaded from our Website (if applicable) and providing dedicated non-browser based communications between the Company and you.

“Non-personal Identifiable Information” shall mean any and all information, other than Personal Information, that does not identify a specific individual. Non-personal Identifiable Information may include your equipment, device, operating system or browser used to visit, access, browse or use the Website or Service; a your visiting or browsing or accessing or using activity or actions; summary information respecting our entire user base that may be collected by Company or its third party servers, including information about ads, sponsorships, products, goods or services provided through Third Party Links presented and clicked upon by you; any other information which provides Company with anonymous usage data (including, but not limited to, the number of unique visits, pages visited or navigational preferences); web browser information for facilitating communications between you and Company (including your MAC or IP address); “Cookies” or “Flash Cookies” or “Clear Gifts” technology allowing the Company to track repeat users and user’s usage patterns; Client-side page tagging or Pixel or Beacons tagging activities that allow the Company to make servicing users more efficient, and; content in any form or medium voluntarily submitted to the Company for posting and critique by Company representatives or users. The Company may provide, sell or transfer Non-personal Identifiable Information about user sales, traffic patterns, preferences or any other related Website or Service information to third parties.

Collection and Use of Personal Information

The Company only collects Personal Information voluntarily given to us by you. The Company does not require Visitors to provide it with any Personal Information to access public areas of our website; however, the Company may use or collect a Visitor’s IP Address and other diagnostic information to diagnose problems with the Company’s server or Website The Company will require that you access certain secure areas of the Website as well as provide the Company with Personal Information (including a Payment Source). Subject to the further conditions contained herein,

The Company may use Personal Information for the following purposes:

a) Verifying a Visitor’s identity so that we can be sure that all of communications are secure and confidential;

b) Responding to inquiries or requests from a Visitor; and

c) Notifying a Visitor of any changes to the Service or Terms of Use.

Subject to the further terms hereof, the Company will not sell, license or otherwise transfer any rights to Personal Information to any third party unless a) expressly authorized by you; or b) such license, sale or other transfer is in connection with the sale, transfer, merger, reorganization, consolidation or other transaction involving all or part of the Company. 

Notwithstanding the foregoing, the Company will or may transmit or disclose Personal Information to third parties in the following circumstances:

• a)The Company uses certain third party contractors or vendors to perform certain services for us, including, but not limited to, webhosting, website maintenance and performance improvement tasks. When any user or visitor subscribes to an Internet Service Provider (ISP) the computing device is assigned an IP Address, which the Company will track and store to manage security and monitor usage volume and patterns.
• b)The Company will disclose Personal Information: 1) if it is required to do so law or regulation or judicial order; 2) if we receive a validly issued subpoena issued by a court of competent jurisdiction; 3) to defend or enforce the Company’s rights under any Agreement between a User and the Company, including but not limited to this Online Privacy Policy or the Terms of Use relating to this Website; or 4) if a you consent to the disclosure.

NOTICE TO EUROPEAN ECONOMIC AREA (EEA) MEMBERS

Personal information and Non-Personal Identifiable Information may be collected, transferred or stored at a destination outside the EEA. Such information may be processed by staff operating outside the EEA who may work for either Company directly or contractors retained by the Company to process such information, fulfill any order for Service, process payment or billing as well as support services. By submitting any information, an EEA user agrees to this collection, storing and transferring of information. Company agrees to take all reasonable steps to ensure your data is treated securely in accordance with this Online Privacy Policy.

Security

We have adopted and adhere to stringent security standards designed to protect non-public Personal Information obtained or stored by the Company is protected from and against accidental or unauthorized access or disclosure. Among the safeguards that the Company has developed for this Website are administrative, physical and technical barriers that together protect the Website from unauthorized access or use. We may from time to time be required to shutdown the entire Website for security maintenance.

The Company uses secure servers for all User information. Members accessing the Company Service must use [an SSL-enabled browser] in order to protect the confidentiality of any Personal Information.

Notwithstanding the foregoing, users acknowledge that no 100% guarantee can be made regarding the security of any data transmission over the Internet or any wireless network. Users accordingly acknowledge that: 1) there are security and privacy limitations respecting data transmissions over the Internet and in wireless networks; 2) the Company shall have no liability to any user or third party for any loss, disclosure, alteration, modification or misuse of an information transmitted via the Internet or wirelessly; and 3) any information transmitted over the Internet or wirelessly may be subject to viewing or being tampered with by an unauthorized third party.