WEBSITE TERMS AND CONDITIONS
Effective Date: 25.05.21
Welcome to https://www.gabrielasphotographyandfilm.com/ (Site)
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any products or services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:
1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
3. there is no possibility of failure to store communications or other data.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms 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 will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
Like most website operators, https://www.gabrielasphotographyandfilm.com collects personally and non-personally identifying information that web browsers and servers typically make available, such as the browser type, language preference, referring site, the date and time of each visitor request and variations of device and demographic information available.
https://www.gabrielasphotographyandfilm.com’s purpose in collecting this identifying information is to better understand how https://www.gabrielasphotographyandfilm.com’s visitors use its website. From time to time, https://www.gabrielasphotographyandfilm.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
https://www.gabrielasphotographyandfilm.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses. https://www.gabrielasphotographyandfilm.com does not use such information to identify its visitors and does not disclose such information, other than under the same circumstances that it uses and discloses personally identifying information, as described below.
Aside from Wix (https://www.gabrielasphotographyandfilm.com’s host and service provider) collecting this information, Google Analytics is also used to aid the analysis of such data.
Gathering, Storing and Using Identifying Information
Certain visitors to https://www.gabrielasphotographyandfilm.com’s websites choose to interact with https://www.gabrielasphotographyandfilm.com in ways that require https://www.gabrielasphotographyandfilm.com to gather personally identifying information. The amount and type of information that https://www.gabrielasphotographyandfilm.com gathers depend on the nature of the interaction.
For example, we ask visitors who complete our contact forms to provide a name, email address and phone number. In each case, https://www.gabrielasphotographyandfilm.com collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with https://www.gabrielasphotographyandfilm.com.
https://www.gabrielasphotographyandfilm.com does not disclose personally identifying information other than as described. And visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain website related activities.
Data collected via this website is stored securely and there are measures in place to protect this data against incorrect, illegal and unauthorised access, disclosure and use. All website activity takes place on an SSL (Secure Sockets Layer) encrypted link between a web server and browser. No physical paperwork is stored.
Once submitting a contact form on https://www.gabrielasphotographyandfilm.com, consent is given to Gabriela's Photography and Film to contact that user via telephone and or email with relevant (wedding and or photography) information, both immediately following the contact form submission and for future marketing purposes. Personal information in relation to enquiries is kept on file for 2 years. If you become a client your data is stored in order to fulfil any product orders or communication requests, unless otherwise requested.
You have the right to withdraw your consent at any time by emailing us at - email@example.com
https://www.gabrielasphotographyandfilm.com may collect statistics about the behaviour of visitors to its websites. For instance, https://www.gabrielasphotographyandfilm.com may reveal how many unique visitors were recorded visiting https://www.gabrielasphotographyandfilm.com within a given period of time. However, https://www.gabrielasphotographyandfilm.com does not disclose personally identifying information other than as described below.
Protection of Certain Personally-Identifying Information
https://www.gabrielasphotographyandfilm.com discloses potentially personally identifying information only to those of its contributors and contractors that:
need to know that information in order to process it on https://www.gabrielasphotographyandfilm.com’s behalf or to provide services available at https://www.gabrielasphotographyandfilm.com’s websites, and
that have agreed not to disclose it to others. Some of those contributors and contractors may be located outside of your home country; by using https://www.gabrielasphotographyandfilm.com’s websites, you consent to the transfer of such information to them.
https://www.gabrielasphotographyandfilm.com does not and will not rent or sell any potentially personally identifying and personally identifying information to anyone. Other than to its contributors and contractors, as described above, https://www.gabrielasphotographyandfilm.com discloses potentially personally identifying and personally-identifying information only when required to do so by law.
If you send us a request (for example, via a support email or via one of our feedback mechanisms), we reserve the right to publish it to help us clarify or respond to your request or help us support other users.
https://www.gabrielasphotographyandfilm.com takes all measures reasonably necessary to protect against the unauthorised access, use, alteration, or destruction of potentially personally identifying and personally identifying information.