TERMS OF USE: Please read these Terms of Use (Terms) carefully. The following is a legal agreement between you (user) and Danielle Simone Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at daniellesimone.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 Danielle Simone Portraits, doing business as Danielle Simone Photography.

 

Products referred to by these Terms include but are not limited to: anything provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Danielle Simone  Photography.  All such Products are the intellectual property of and are owned by Danielle Simone Photography.

 

By purchasing and/or using 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 Danielle Simone  Photography'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

 

Danielle Simone Photography is a resource through which you may obtain portrait photography services and educational resources regarding our services.

 

PRIVACY POLICY

 

Danielle Simone Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: www.daniellesimone.com which is incorporated herein by reference.

 

Danielle Simone Photography will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you.  Danielle Simone Photography 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. Danielle Simone Photography is the sole manager of such information collected on the Site.  Danielle Simone Photography will use such information to respond to you as necessary.  You grant Danielle Simone Photography a worldwide, royalty-free, non-exclusive 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.

 

AFFILIATE LINKS

 

Links on the Site may be affiliate links controlled by parties other than Danielle Simone Photography to help support the maintenance of the Site.  Danielle Simone Photography 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 Danielle Simone Photography from any loss or damage incurred from dealing with such affiliate.

 

 

INTELLECTUAL PROPERTY LICENSE

 

Danielle Simone Photography 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 Danielle Simone Photography services, and; (d) any other intellectual property rights afforded to Danielle Simone Photography,  either through state or federal registration or as otherwise available at common law (Intellectual Property).  Except as stated below, Danielle Simone Photography 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 Danielle Simone Photographys  Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so.  Danielle Simone Photography 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 Site.

 

So long as you comply with this Terms of Use, Danielle Simone Photography 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 free 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.

 

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  

 

 CONTACT

 

By using the Site and entering personal information, you give Danielle Simone Photography 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 the privacy policy.  Should you prefer not to be contacted by e-mail, please let Danielle Simone Photography know by emailing us at info@daniellesimone.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

 

THIS WEBSITE AND ITS CONTENT ARE PROVIDED AS IS AND DANIELLE SIMONE PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Danielle Simone Photography uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Danielle Simone Photography it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Danielle Simone Photography ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via email at: info@daniellesimone.com. In addition, Danielle Simone Photography is unable to make representations or warranties as to the functionality of this Website, whether it is free of errors, and whether the server hosting the Website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Website is at your own risk. Danielle Simone Photography  and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION

 

EXCEPT AS PROHIBITED BY LAW, DANIELLE SIMONE PHOTOGRAPHY 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 ATTORNEYS FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO DANIELLE SIMONE PHOTOGRAPHY, 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 California. 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 Rancho Cucamonga, Ca.  Danielle Simone Photography 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 Danielle Simone Photography Products, materials, and services.

 

Any questions regarding the above Terms may be directed to: info@daniellesimone.com