TERMS OF USE & PRIVACY

 


Last updated:  November 8, 2016

 

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.andreamoonart.com website (the "Service") operated by Andrea Moon Photo Art LLC

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Termination

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Terms of Use

 

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Andrea Moon Photo Art, LLC  (defined below), which governs your use www.andreamoonart.com.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Andrea Moon Photo Art, LLC  , doing business as Andrea Moon Photo Art.

“Products” referred to by these Terms include but are not limited to: Photographs, Digital Media, other printed products, information available through the Site, obtained from Andrea Moon Photo Art.  All such Products are the intellectual property of and are owned by Andrea Moon Photo Art . By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Andrea Moon Photo Art, LLC's  Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Andrea Moon Photo Art is a resource through which you may obtain portrait photography services and products. 

 PRIVACY POLICY

Andrea Moon Photo Art permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: http://www.emilylondonportraits.com/privacy-policy which is incorporated herein by reference.

Andrea Moon Photo Art will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Andrea Moon Photo Art will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Andrea Moon Photo Art is the sole manager of such information collected on the Site.  Andrea Moon Photo Art will use such information to respond to you as necessary.  You grant Andrea Moon Photo Art a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products. Andrea Moon Photo Art does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Andrea Moon Photo Art from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Emily London Portraits owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of  Andrea Moon Photo Art, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Andrea Moon Photo Art does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Andrea Moon Photo Art's Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Andrea Moon Photo Art will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms. Andrea Moon Photo Art grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Products you purchase solely for your personal use, and which is not to include any reproduction, copying, or any other use of the Products or downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Andrea Moon Photo Art is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Andrea Moon Photo Art will not reimburse you for such downloads.  Andrea Moon Photo Art will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Emily London Portraits.

 CONTACT

By using the Site and entering personal information, you give Andrea Moon Photo Art permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of Andrea Moon Photo Art know by emailing us at amoonart@gmail.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final. 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. ANDREA MOON PHOTO ART  OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  ANDREA MOON PHOTO ART  MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, ANDREA MOON PHOTO ART  SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO ANDREA MOON PHOTO ART, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Missouri. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Independence, Mo.  Andrea Moon Photo Art reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Andrea Moon Photo Art's  Products, Materials and services.

Any questions regarding the above Terms may be directed to:

amoonart@gmail.com

All rights reserved © Copyright 2016 Andrea Moon Photo Art

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