TERMS OF SITE USAGE
YOUR ACCEPTANCE OF THESE TERMS OF SITE USAGE
These Terms of Site Usage apply to all users of this Site. By using this Site, you are agreeing to comply with and be bound by these Terms of Site Usage with Isolda’s Closet, Ltd., doing business as Bobby & Isolda Photography (“Bobby & Isolda Photography”, “Company”, “we”, “our” or “us”). If you do not agree to these Terms of Site Usage, you may not access or use this Site.
These Terms of Site Usage, along with our Privacy Policy, govern your access to, use of and functionality and services offered on or through this website or any other associate domains and / or subdomains owned by us now or in the future (“Site” or “website”). The content provided on our Site, including the information and any images incorporated in the Site, is for your personal, private, non-commercial use only. You may not modify, republish, post, transmit, use, sell or share our content and/or products, including anything you download from the Site, in any way without express written permission from the Company. We request that you not create any kind of hyperlink from any other site to ours unless you first obtain our written permission.
YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Site Usage, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent there are inconsistencies between these Terms of Site Usage and our Privacy Policy, these Terms of Site Usage control.
By using this Site, you accept and agree to be bound and abide by these Terms of Site Usage and our Privacy Policy. Disclaimer: If you do not want to agree to these Terms of Site Usage and Privacy Policy, you must not access or use the Site.
CHILDREN UNDER THE AGE OF 14
You must be at least 14 years old to have our permission to use this Site. We do not knowingly collect, use or disclose personal information about visitors under 14 years of age. If you are under the age of 14, please do not use this Site.
If we learn that we have collected or received personal information from a child under age 14 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under age 14, please contact us at bobbyandisolda@gmail.com.
OWNERSHIP OF THIS SITE AND ITS CONTENT
The Site owns all intellectual property rights in (a) all content contained in the Site, including but not limited to all text, photographs, logo, images, illustrations, graphics, sound recordings, video and audio-video clips, headers, trademarks, service marks, design elements, software and codes comprising or used to operate the Site, and all other protected elements on the Site (except those licensed from others); (b) all products sold on the Site and all things otherwise provided to you as a part of the Site’s services, and (c) any other intellectual property rights afforded to the Site, either through state or federal registration, copyright and trademark laws of the United States or as otherwise available at common law (“Intellectual Property”). Any such content and/or products are being provided to you for your individual use and as a single-use license. No license to sell or otherwise distribute the Company’s Intellectual Property is express or implied. You are not authorized nor permitted to modify, republish, post, transmit, use, sell or share our content and/or products in any way without express written permission from the Company. You expressly agree (1) not to make any unauthorized use of or infringe on or otherwise violate the Company’s Intellectual Property in any way, (2) to ensure that any confidential information disclosed to you by the Company remains confidential and (3) not to disclose any information provided to you by the Company to any third-party. In the event that you violate any provisions of this section of the Terms of Site Usage, you agree that the Company will be entitled to any and all remedies under the law, including but not limited to compensatory, punitive and/or treble damages and injunctive relief against you and/or third-parties in relation to such violations.
THIRD-PARTY GENERATED CONTENT AND WEBSITES
The Site may contain content generated from third-parties, including but not limited to comments, and links to third-party websites. We do not guarantee the accuracy, integrity or quality of third-party generated content. The Site does not endorse, and is not responsible for, statements, advice and opinions made by anyone other than authorized Site spokespersons. These Terms of Site Usage only apply to our Site and expressly do not apply to third-party websites. It is your responsibility to review third-party websites for their applicable terms and conditions. Additionally, the Company does not endorse or take any responsibility for the content or products provided on third-party websites. Therefore, you agree to hold the Company harmless with respect to your use of the third-party websites, despite any link to such third-party websites provided on the Site.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of the Site does not create a professional-client relationship between you and the Company. We do not accept you as a client unless and until you have signed a written agreement with us and paid all fees pursuant to such agreement or until all fees are completed and processed. Accordingly, you recognize and agree that we have not created any professional-client relationship by your use of the Site.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS SUBSIDIARIES, FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS SUBSIDIARIES, FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
WAIVER
Our failure at any time to require performance of any provision of these Terms of Site Usage or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Site Usage or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Site Usage.
SEVERABILITY
If any provision of these Terms of Site Usage is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Site Usage will remain in full force and effect.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Site Usage and our Privacy Policy will be governed under the laws of the State of Ohio without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Site Usage will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Columbus, Ohio. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Site Usage is taking place or originating.
INDEMNITY
You agree, for yourself, your spouse (if any) and your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, attorneys, accountants, subsidiaries, parent companies, owners, partners, shareholders, directors, officers, employees and agents, to indemnify, defend and hold harmless the Company and its respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, attorneys, accountants, subsidiaries, parent companies, owners, partners, shareholders, directors, officers, employees and agents,, and each of them and anyone chargeable on their behalf, against any and all causes of action, suits, debts, injuries, losses, liabilities, damages, claims and demands whatsoever, including reasonable attorneys’ fees, arising from or relating to your use of the Site, including but not limited to your use of the content and/or products from the Site.
NOTICES
Any notice, demand or communication required or permitted to be given by any provision of these Terms of Site Usage will be deemed to have been given and received: (a) when delivered personally to the party designated to receive such notice, or (b) on the first (1st) business day following delivery to a nationally recognized overnight courier service (such as Federal Express), specifying next day delivery, or (c) on the third (3rd) day after the same is sent by certified mail, postage and charges prepaid. Any notice, demand or communication directed to the Company shall be sent to:
Bobby & Isolda Photography
P.O. Box 2504
Westerville, Ohio 43086
E-mail Address: bobbyandisolda@gmail.com
THESE TERMS OF SITE USAGE MAY CHANGE
These Terms of Site Usage are current as of the effective date of use. The Company reserves the right to change these Terms of Site Usage from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on the Site. Your continued use of the Site after we have posted the revised Terms of Site Usage constitutes your agreement to be bound by the revised Terms of Site Usage. If at any time you choose not to accept these Terms of Site Usage, you should not use the Site.
ENTIRE AGREEMENT
These Terms of Site Usage (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and the Company with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Company with respect to the Site and your use of the Site.
EFFECT OF HEADINGS
The headings or captions of these Terms of Site Usage are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions of this agreement.
CONTACT US
If you have any questions about this Site or these Terms of Site Usage, please contact us using the following contact information:
Bobby & Isolda Photography
P.O. Box 2504
Westerville, Ohio 43086
E-mail Address: bobbyandisolda@gmail.com
Effective as of March 4, 2022