Agreement between user and momentsfromtheheart.com
Welcome to momentsfromtheheart.com. The momentsfromtheheart.com website (the “Site”) is comprised of various web pages operated by Moments from the Heart Photography Studio (“Moments from the Heart Photography Studio”). momentsfromtheheart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of momentsfromtheheart.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
This website includes a professional blog written and edited by me for the purposes of sharing and promoting my photographic services.
This site does not directly accept any form of cash advertising, sponsorship, or paid topic insertions. However, Moments from the Heart as a company may engage in joint sponsorship or promotional activities with other companies – these activities will be fully disclosed. We will and do accept and keep free products, services, travel, event tickets, and other forms of compensation from companies and organizations during the course of business.
This site is enrolled in several affiliate programs. This means that affiliate commissions may be earned after a reader purchases a product that we recommend. However, we never enroll in any affiliate program for products or services we do not use.
This site abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. Our commercial activity may result in compensation, discounts, special offers from our partners. For example, one of our partners may offer a discount on large prints or photo albums. Theses commercial relationships may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
The owners of this site are not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
Visiting momentsfromtheheart.com or sending emails to Moments from the Heart Photography Studio 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 this 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 Moments from the Heart Photography Studio is not responsible for third party access to your account that results from theft or misappropriation of your account. Moments from the Heart Photography Studio and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Moments from the Heart Photography Studio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use momentsfromtheheart.com only with permission of a parent or guardian.
Links to third party sites/Third party services
momentsfromtheheart.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Moments from the Heart Photography Studio and Moments from the Heart Photography Studio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Moments from the Heart Photography Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Moments from the Heart Photography Studio of the site or any association with its operators.
Certain services made available via momentsfromtheheart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the momentsfromtheheart.com domain, you hereby acknowledge and consent that Moments from the Heart Photography Studio may share such information and data with any third party with whom Moments from the Heart Photography Studio has a contractual relationship to provide the requested product, service or functionality on behalf of momentsfromtheheart.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Moments from the Heart Photography Studio or its suppliers and protected by copyright and 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. Moments from the Heart Photography Studio 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 Moments from the Heart Photography Studio 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 Moments from the Heart Photography Studio or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), 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; violate any applicable laws or regulations.
Moments from the Heart Photography Studio has no obligation to monitor the Communication Services. However, Moments from the Heart Photography Studio reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Moments from the Heart Photography Studio reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Moments from the Heart Photography Studio 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 Moments from the Heart Photography Studio’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Moments from the Heart Photography Studio does not control or endorse the content, messages or information found in any Communication Service and, therefore, Moments from the Heart Photography Studio 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 Moments from the Heart Photography Studio spokespersons, and their views do not necessarily reflect those of Moments from the Heart Photography Studio.
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 momentsfromtheheart.com or posted on any Moments from the Heart Photography Studio web page
Moments from the Heart Photography Studio does not claim ownership of the materials you provide to momentsfromtheheart.com (including feedback and suggestions) or post, upload, input or submit to any Moments from the Heart Photography Studio Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Moments from the Heart Photography Studio, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Moments from the Heart Photography Studio is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Moments from the Heart Photography Studio’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Moments from the Heart Photography Studio account to third party accounts. By connecting your Moments from the Heart Photography Studio account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Moments from the Heart Photography Studio from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Moments from the Heart Photography Studio Content accessed through momentsfromtheheart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Moments from the Heart Photography Studio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Moments from the Heart Photography Studio 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 Moments from the Heart Photography Studio in asserting any available defenses.
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. Moments from the Heart Photography Studio AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Moments from the Heart Photography Studio 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. Moments from the Heart Photography Studio 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.
Moments from the Heart Photography Studio 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 State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas 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 Moments from the Heart Photography Studio as a result of this agreement or use of the Site. Moments from the Heart Photography Studio’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Moments from the Heart Photography Studio’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 Moments from the Heart Photography Studio 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 Moments from the Heart Photography Studio with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Moments from the Heart Photography Studio 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 an d 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
Moments from the Heart Photography Studio reserves the right, in its sole discretion, to change the Terms under which momentsfromtheheart.com is offered. The most current version of the Terms will supersede all previous versions. Moments from the Heart Photography Studio encourages you to periodically review the Terms to stay informed of our updates.
Moments from the Heart Photography Studio welcomes your questions or comments regarding the Terms.
Effective as of August 1, 2014