TERMS & CONDITIONS OF USE
Agreement between User and Erin Thompson Photography, LLC
This website, https://erinthompsonphoto.com/ (the “Site”), is comprised of various web pages operated and managed by Erin Thompson Photography, LLC, an Ohio limited liability company (the “Company”).
The Site is offered to you as conditioned upon your acceptance of the terms, conditions, and notices contained herein, without modification or alteration (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy of them for your reference.
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
The Company and the Site do not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of thirteen, you may use the Site only with permission of a parent or guardian.
Links to Third-Party Sites and Third-Party Services
The Site may contain links to other websites. These linked websites are not under the control of the Company, and the Company is not responsible for the contents of any linked website, including but not limited to any link contained in a linked website or any changes or updates to a linked site. The Site provides third-party links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the website or any association with its operators.
Certain services made available via the Site are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Company.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Terms. As a condition of your use, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Company’s services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright or other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors, except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Service(s)"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by the Company, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Site or Posted on the Site
The Company does not claim ownership of the materials you provide to the Site, including feedback and suggestions, or post, upload, input, or submit to the Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting Submissions you hereby grant the Company, our affiliated companies, and necessary sublicensees permission to use your Submissions in connection with the operation of internet business. Such business includes, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions, as provided herein. The Company has no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Site is controlled, operated, and administered by the Company from its offices within the United States of America. If you access the Site from a location outside the United States of America, you are responsible for compliance with all relevant laws. You agree that you will not use the Company’s content as accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or any user postings made by you, your violation of any of the Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ERIN THOMPSON PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ERIN THOMPSON PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ERIN THOMPSON PHOTOGRAPHY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered to clients. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company welcomes your questions or comments regarding its Site and the Terms and Conditions herein:
Erin Thompson Photography, LLC
Effective as of June 16, 2023
Agreement between User and Erin Thompson Photography, LLC
A. Collection of Your Personal Information.
In order to better provide you with products and services offered, the Company may collect personally identifiable information, including but not limited to your name, address, phone number, and email address. If you purchase services or products through the Company, the Site collects billing and credit card information. This information is used to complete the purchase transaction.
The Company does not collect any personal information about you unless you voluntarily provide it. However, you may be required to provide certain personal information to us when you elect to use certain services available on the Site. To wit, the Company will use your information for actions including but not limited to communicating with you in relation to services and/or products you request. The Company also may gather additional personal or non-personal information in the future.
B. Use of Your Personal Information.
The Company may use personal information it collects from you to operate the Site and to deliver the services and/or products you request. The Company also use your personally identifiable information to inform you of other products or services available at or from the Company.
C. Sharing Information with Third Parties.
The Company does not sell, rent or lease its customer lists to third parties, but may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (i.e., your e-mail, name, address, and telephone number) is not transferred to the third party. The Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Company and they are required to maintain the confidentiality of your information.
The Company may only disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to:
(a) conform to the edicts of the law or comply with legal process served on the Company or the Site;
(b) protect and defend the rights or property of the Company; and/or
(c) act under exigent circumstances to protect the personal safety of users of the Company or the public.
D. Tracking User Behavior.
The Company may keep track of the websites and pages our users visit within the Site in order to determine which the Company services are most popular. This data is used to deliver customized content and advertising within the Site to customers whose behavior indicates that they are interested in a particular subject area.
E. Automatically Collected Information.
Information about your computer hardware and software may be automatically collected by the Company. This information can include but is not limited to your IP address, browser type, domain name(s), access times, and referring website addresses. This information is used for the operation of the Company’s services, to maintain quality of the services, and to provide general statistics regarding use of the Site.
The Site may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time.
The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you register with the Site for services, a cookie helps to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, etc.
When you return to the Site, the information you previously provided can be retrieved, so you can easily use the features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.
Please be aware that the Company is not responsible for the content or privacy practices of other websites. The Company encourages its users to be aware when they leave the Site and to read the privacy statements of any other website that collects personally identifiable information.
H. Security of Your Personal Information.
The Site secures your personal information from unauthorized access, use, or disclosure. When your personal information, such as a credit card number, is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. The Company strives to take appropriate security measures to protect against unauthorized access to or alteration of your personal information.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while the Company strives to protect your personal information, you acknowledge by using the Site that there are security and privacy limitations inherent to the internet which are beyond the Company’s control. You also acknowledge that the security, integrity, and privacy of any and all information and data exchanged between you and the Company through the Site cannot be guaranteed.
I. Children Under the Age of Thirteen.
The Site does not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
J. Email Communications
From time to time, the Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve services, the Company may receive a notification when you open an email from the Company or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from the Company, you may opt out of such communications by accessing the link at the bottom of every email sent.
K. External Data Storage Sites.
The Company may store your data on servers provided by third party hosting vendors with whom the Company has contracted.
M. Contact Information.
Erin Thompson Photography, LLC
Effective as of June 16, 2023