Terms and Conditions

Introduction

Welcome to our photography website! This website is operated by Linsey Brooke Blankenship. Throughout the site, the terms “we”, “us” and “our” refer to Linsey Brooke Blankenship. Linsey Brooke Blankenship offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. These Terms and Conditions ("Terms") govern your use of our website, including any content, features, and services offered on or through the website. By accessing or using any part of our website, you agree to be bound by these Terms. If you do not agree to these Terms, do not proceed to use the website.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Changes to these Terms 

We reserve the right to change or modify these Terms at any time and in our sole discretion. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current site shall also be subject to the Terms. Your continued use of our website after the posting of any revised Terms shall constitute your acceptance of such revised Terms.

Use of Content 

All content on our website, including photographs, graphics, text, and other materials, are protected by copyright laws and may not be used without our permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You may use our content for personal, non-commercial use only, provided that you give proper credit to us and do not alter, reproduce, or distribute the content without our permission.

You may not use our service, this site or the sites content for any of the following: for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any international, federal, provincial or state regulations, rules, laws, or local ordinance (including but not limited to copyright laws); to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to transmit any worms or viruses or any code of a destructive nature; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others, or; to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Services 

Certain offers for services may be available exclusively online through the website. We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit offers on services that we offer, in our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

Modifications to the Services and Prices  

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price changes, suspension or discontinuance of the Service.


Ownership and Use of Photographs 

We own the copyright to the photographs we provide to you. However, we grant you a non-exclusive, royalty-free, perpetual, and worldwide license to use the photographs for personal, non-commercial purposes, including but not limited to printing, sharing, and displaying the photographs. You may not use the photographs for commercial purposes without our prior written consent. 

Failure to pay in full gives the photographer the right to revoke services and revoke the customer’s rights to images. 

User Content/Comments/Feedback and other Submissions 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


Errors, Inaccuracies and Omissions 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Third party websites 
This website may also include links to other websites that are not affiliated with us. These links are provided for your convenience to provide further information. These links do not signify that we endorse the website(s). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We have no responsibility for the content of the linked website(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. You acknowledge and agree that we provide access to such tools or web links ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms

Termination 

We reserve the right to terminate or suspend your access to all or any part of our website at any time, with or without notice, for any reason or no reason at all. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Limitation of Liability  

To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website, including any loss of profits, revenue, data, or goodwill. 

To the fullest extent permitted by law, we will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification 

 You agree to indemnify, defend, and hold us harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or in connection with your use of our website, or your violation of these Terms.

Severability - In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law and Jurisdiction - These Terms shall be governed by and construed in accordance with the laws of the state of [insert state], without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in [insert county], and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Entire Agreement - These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to your use of our website and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.