TERMS OF SERVICE
Date of Last Revision: February 16, 2016
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. USE OF THE SERVICES INDICATES YOUR ACCEPTANCE TO THESE TERMS OF SERVICE. USE INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND COMPANY. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE RAZZI. FAILURE TO USE RAZZI IN ACCOURDANCE WITH THESE TERMS OF SERVICE MAY SUBJECT Y OU TO CIVIL OR CRIMINAL PENALTIES.
ACCESS TO AND USE OF THE SERVICES:
Description of the Services and Disclaimer: Razzi is purely a venue and Company is not affiliated with nor endorses any photographer or user. Razzi is an online platform that connects photographers to clients in their geographic region and permits clients to book and pay for
photography services directly through Razzi (the “Services”). The Services are available through both the Application, the Site and any other mediums that Company make available, all of which are subject to these Terms of Service. Through Razzi, photographers may promote their work and seek clients, and clients may peruse the work of local photographers. Razzi allows clients to hire and pay for photographers directly through Razzi. By accessing and/or using the Services, you acknowledge and agree that Company is not a party to any agreement entered between photographers and clients, nor is Company a broker, agent or insurer of any sort. Company has no control over the content of listing on the Application or Site, the purported skill level of the photographers or the conduct of photographers, clients or other users of Razzi and disclaims all liability in this regard to the maximum extent permitted by law.
How to Use the Application, Site and Services: The Application, Site and Services were created solely to connect photographers to clients. Upon opening the Application, the User is prompted to either log in or create an account (register). User can choose to register as either a
photographer or a client. User can skip the registration process initially, but is required to create an account prior to uploading any Content as a photographer or booking photographer services as a client. Registered photographers may display photography samples through Razzi to solicit clients and provide contact information. Clients may review photography samples, sorted by types of photography and proximity to User. Clients can also filter photographers by their hourly price range, turnaround time, and rating. Photographers upload all Content to a profile, including the photographer’s portfolio, description, location, hourly rate, availability and past client comments. Clients can view that Content by clicking on a particular photographer’s profile. To book the photography services of a specific photographer, on the photographer’s profile the client will select the date, start time, length of the photography session and location for the shoot.
Users may also designate the type of photography they are seeking. After a client requests photography services, the photographer has (twenty-four) 24 hours to accept the booking or the request expires. The photographer may also may also modify the booking by adding additional fees charged (e.g., travel, styling, prints, etc.) or change the time of the session. The photographer’s modifications will then be sent back to the client for acceptance. Razzi also contains a chat feature, allowing potential clients to contact and speak with potential
photographers prior to booking or at any stage throughout the process.
As further addressed below, registering for Razzi is free, but certain Transaction Fees are charged when photography services are purchased. Unless explicitly specified otherwise in these Terms of Service, Company’s responsibilities are limited to: (1) facilitating the availability of the Application, Site and Services and (ii) serving as the limited payment collection agent of the photographer by accepting payments from clients on photographer’s behalf. Despite accepting payments on behalf of photographer, Company is in no way responsible for ensuring client pays photographer.
Access General Practices: Access to and use of the Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair or for any other reason within or outside the control of Company. Company reserves the right to suspend or discontinue the availability of the Razzi and/or remove any Content, including but not limited to images, text, user comments, messages, information, data, graphics, news articles, photographs, illustrations, and links (“Content”), at its sole discretion without prior notice. Company may also impose limits on certain feature of Razzi or restrict your access to parts or all of Razzi without notice or liability. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or
without notice. You acknowledge and agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Razzi.
Storage General Practices: Razzi should not be relied upon for storage or photographs, links or any other Content. You are directed to retain your own copies of all Content posted on the App or Site. You acknowledge and agree that Company has no responsibility for liability for the deletion or failure to store any data or other Content uploaded to, maintained or transmitted by Razzi.
Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Company of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing Razzi. Company will not be liable for any loss or damage arising from your failure to comply with this provision.
Mobile Services: When you access Razzi through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and
not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of Razzi must be in accordance with the usage rules established by your mobile device platform or service provider.
CONDITIONS OF USE:
Modification: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service, including the Service Fees, at any time without further notice. You should periodically review the current Terms of Service so you are aware of any revisions to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of Razzi after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to
use or access) Razzi. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms of Service and to review such changes.
Eligibility: Razzi is intended solely for use by persons who are 18 years of age or older. Any access to or use of Razzi (including the Application, Site or Services) by anyone under 18 is expressly prohibited. By accessing or using Razzi, you represent and warrant that you are 18 or older.
User Conduct: You are solely responsible for all Content that you upload, post, public, display or otherwise transmit through Razzi, and for all photography services that you sell, book or purchase through Razzi. Company does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Razzi you may be exposed to Content that is offensive, indecent or objectionable. As a condition of use, you promise not to use Razzi for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by Company. By way of example, and not as a limitation, you agree not to use Razzi for the following:
To abuse, harass, threaten, impersonate or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use Razzi;
To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Razzi User;
To solicit personal information from anyone under the age of 18;
To create or transmit unwanted ‘spam’ to any person or any URL;
To post copyrighted Content which does not belong to you; or
To promote or sell Content of another person.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, removing the offending Content from Razzi, suspending or terminating the account of such violator(s) and reporting you to the law enforcement authorities.
Registering for Razzi is free; however, Company charges certain fees for various transactions effected through the Services (“Transaction Fees”). Our Fee Policy is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the Transaction Fees for the Services (including to lower fees for promotional events), and such changes are effective when we post information about the Transaction Fee change through Razzi. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
Photographers: You must describe the photography services you offer and all terms of sale truthfully, accurately and reasonably completely. If you accept a photography service requested by a client, you shall complete the transaction with the client unless the transaction is prohibited by law or these Terms of Service. You are responsible for establishing the terms of any contract between you and your client(s), either verbal or written. Additionally, you understand and must convey to your client(s) that Company is in no way a party to any contract between you and your client(s) for photography services and shall in no way be held liable for any breach of that contract by either you or your client(s). You are further responsible for payment of all transaction fees to Company as set forth in the Fee Policy.
Clients: You understand that Company in no way endorses nor has any affiliation with the photographers utilizing Razzi. You further understand that any contract you enter into with a photographer you contacted through Razzi is strictly between you and that photographer; you understand that Company is in no way a party to that contract and is in no way liable for breach of that contract by either you or the photographer.
Transaction Fees: Transaction Fees charged for various action affected through Razzi are outlined in our Fee Policy, incorporated herein. Transaction Fees are withdrawn automatically from any payment made to a photographer by a client when that client uses Razzi, and its third party payment processor, Stripe. Should you (photographer) elect for a client to make payment to you directly, you remain responsible for all applicable Transaction Fees, and must make payment of those Fees to Razzi within five (5) days of the receipt of payment by the client. If you fail to make payment of the Transaction Fees, Company may immediately terminate your account.
INTELLECTUAL PROPERTY RIGHTS:
Content Submitted or Made Available on Razzi: PLEASE READ THIS SECTION
CAREFULLY BEFORE POSTING, UPLOADING, OR OTHERWISE SUBMITTING ANY
CONTENT TO RAZZI. By submitting Content to Razzi, you are granting Company a
worldwide, non-exclusive license to use the Content and are representing and warranting to
Razzi that the Content you submit is owned or duly licensed by you, and that Company is free to
publish, distribute and use that Content, as stated below, without obtaining permission or license
from any third party. In acknowledgement of the foregoing, you understand and agree that by
submitting Content to Razzi:
You retain the same rights, including copyrights, intellectual property rights, and other proprietary rights, to that Content that you had prior to submission;
You grant to Company a worldwide, non-exclusive, transferrable, fully-paid license (with right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with Razzi. This license will exist for the period during which the Content is posted on Razzi and will automatically terminate upon removal of the Content from Razzi;
The license granted to Company includes the right to use your Content, in full or in part, for promotional purposes and to distribute and redistribute your Content to third parties, websites, applications, and other entities, provided such Content is attributed to you in accordance with the credits that were submitted to Razzi along with the Content (i.e., username, profile picture, photo title, descriptions, tags and other accompanying information), if any, and as appropriate in Company’s sole discretion;
Company makes no representation or warrant that Content posted to Razzi will not be unlawfully copied without your consent, despite such action occurring in violation of these Terms of Service. If you wish to report a use of your Content that violates these Terms of Service, please email us at ;
You are the owner of all intellectual property rights to the Content you submit to Razzi;
You have the right to enter into this agreement and grant to Company the rights to the Content as outlined herein, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use of the Content by Company as contemplated herein;
The Content does not defame any person nor infringe upon the copyright, moral rights, publicity rights, privacy right or any other rights of any person, or violate any law or judicial or governmental order;
Your sole means of terminating the permissions granted herein is by removing your Content from Razzi and notifying Company of its removal by emailing us at firstname.lastname@example.org.
You acknowledge that Company does not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via Razzi. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, Razzi, its users and the public. You understand that the technical processing and transmission of Razzi, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devicesProtected Content: You acknowledge and agree that Razzi may contain Content (e.g., images uploaded by photographers) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on Content found on Razzi or its affiliate entities, in whole or in part, except that the foregoing does not apply to your own Content that you legally submit to Razzi. In connection with your use of Razzi, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of Razzi or any Content found on Razzi and its affiliate entities, other than as specifically authorized herein, is strictly prohibited. The technology underlying Razzi is the property of Company, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Razzi (including the Software). Any rights not expressly granted herein are reserved by Company.
Proprietary Rights Notices: All trademarks, service marks, logos, trade names and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
THIRD PARTY WEBSITES:
Razzi may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Company has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using Razzi are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.
You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of Razzi (including any contract for photography services resulting from or in any way related to your use of Razzi), any user Content (including violations of the use your own Content by Razzi users), your connection to Razzi, your violation of these Terms of Service or your violation of any rights of another.
DISCLAIMER OF WARRANTIES:
IF YOU CHOOSE TO USE THE APPLICATION, SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, PHOTOGRAPHERS AND CLIENTS.
COMPANY MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE PHOTOGRAPHY SERVICES THROUGH THE APPLICATION, SITE OR SERVICES; (II) PURCHASED PHOTOGRAPHY SERVICES WILL BE TO YOUR SATISFACTION; (III) CLIENTS WILL MAKE PAYMENT FOR YOUR PHOTOGRAPHY SERVICES; (IV) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (VI) THE CONTENT CONTAINED ON THE APPLICATION, SITE OR SERVICES IS ACCURATE, TRUTHFUL, RELIABLE OR COMPLETE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE APPLICATION, SITE, SERVICES OR CONTENT CONTAINED THEREIN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APPLICATION, SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION, SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PHOTOGRAPHERS OR CLIENTS. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE APPLICATION, SITE OR SERVICES.COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APPLICATION, SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APPLICATION, SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION, SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PHOTOGRAPHERS AND CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE
ORGANIZED BY COMPANY. NOTWITHSTANDING COMPANY’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PHOTOGRAPHER FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE PHOTOGRAPHER, COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PHOTOGRAPHER, CLIENT OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPLICATION, SITE OR SERVICES (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PHOTOGRAPHY SERVICES RESULTING FROM ANY CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION, SITE OR SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE APPLICATION, SITE OR SERVICES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF TRANSACTION FEES THAT YOU OR YOUR CLIENTS HAVE PAID TO COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, SITE OR SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APPLIATION, SITE AND SERVICES.
Your use of the Application, Site and Services and these Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-law provisions. You agree to submit to the personal jurisdiction of a state court located in Utah or Salt Lake County, State of Utah or a United States District Court located in Utah or Salt Lake County as further dictated by the Arbitration provision found below.
Arbitration: Any controversy or claim arising out of or related to your use of the Application, Site or Services or these Terms of Service, including but not limited to the interpretation, enforcement, validity, breach or termination thereof, that are not resolved by mutual agreement of the parties will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to protect against or prevent the violation of a party’s intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Arbitration shall be governed and administered by the
American Arbitration Association (AAA) in accordance with its rules then in effect.
Location: Unless otherwise agreed upon by the parties, the arbitration will be held in Utah County, State of Utah, before a single arbitrator mutually agreed upon by the parties; or, if the parties cannot mutually agree on an arbitrator, each party will select an arbitrator and those two arbitrators will mutually select an arbitrator (other than themselves) to conduct the arbitration. If no arbitrator is selected through that process, or if that process has not been successfully completed within ten (10) days after the Demand for Arbitration is made, an arbitrator will be appointed by the AAA.
Procedure: The party seeking arbitration must provide the other party with a written Demand for Arbitration, as specified in AAA Rules. The arbitration must commence within forty-five (45) days of the date of the Demand for Arbitration. The arbitrator’s decision and award shall be
made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of an arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Changes: Notwithstanding the provisions of the "Modification" section below, if Company changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any
such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated Date" above. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Entire Agreement: These Terms of Service and all additional terms or policies incorporated herein constitute the entire agreement between you and Company regarding your use of the Application, Site and Services and any Content uploaded to or contained on the same. These
Terms of Service replace any prior oral or written understanding or agreement between you and Company.
Assignment: You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Company's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Company may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Unless otherwise stated herein, any notices or other communications permitted or required by these Terms of Service shall be considered properly delivered when send by email to Company at the following email address email@example.com. Or when sent by Company to an email address provided by you in the Registration process. For notices sent by email, the date of receipt will be deemed the date the notice is transmitted.
Waiver: The failure to enforce any right under these Terms of Service shall not be deemed a waiver of such right, nor a waiver of future rights. No waiver shall be binding unless it is incorporated, in writing, to these Terms of Service.
If you have any questions about these Terms of Service or other matters addressed herein, please
email Company at the following email address: firstname.lastname@example.org.
Date of Last Revision: February 16, 2016
Personally Non-Identifiable Data: When you use the Services, the Company may receive and store certain information that cannot be used to specifically identify you. Company may store such information and pool it with other information to track, for example, the number of transactions that are effected through the Services, the number of messages you send and receive, the total number of users of our Services, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, Company may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. By using the services, you agree that Company may share this non-identifiable and aggregate data with its
affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. Company may also use your Personal Data and other personally non-identifiable information collected through the Services to help us customize the Services, improve the content and functionality of the Services, better understand our users, and prevent fraud.
question or resolve your problem; if you purchase a photography session through the Services, we will use the financial data you provide (i.e., your credit card information) to consummate the transaction. Also, if you provide Personal Data in order to register for the Services, we will use your Personal Data to provide you with access to such Services and to monitor your use of such Services. Company may use your Personal Data to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, any marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
Disclosure of Your Personal Information:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Service Providers, Consultants and Related Third Parties: Company may, from time to time, hire other companies to perform certain business-related functions. Examples of such functions include maintaining databases, identity verification, fraud monitoring, processing credit card payments etc. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function (for example, providing our credit card payment provider with your credit card information).
Legal Requirements: Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
If you choose not to provide any Personal Data, you may not be able to use certain Services. In addition, you may request that we delete your account, and any information associated with your account, but please note that we may be required (by law or otherwise) to retain this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete your information, it will be deleted from the active database but may remain in our archives.
Company does not knowingly collect Personal Data from minors. If you are under the age of majority, you are not permitted to use the services, pursuant to the Terms of Service, and agree not to submit any personal information to Company.