- “Website” shall mean and include all the materials, text, information, concepts, materials, blog, photographic images, narrative, music, design, videos, or any other content generally viewable by Visitors on www.heilynphotography.com.
- “Company” refers to Heilyn Photography, LLC, owner of the website.
- “us” or “we” or “our” refers to the company.
- “Visitor” is someone that visits or browses our website.
- “User” is a collective identifier that refers to a Visitor of the website.
- “You” or “Your(s)” refers to you as a Visitor or User.
- “Content” shall mean any all text, music, information, materials, concepts, program materials, photographic images, manuals, narratives, design, graphics, videos, or any other content offered by the company on or in website or service (including any Blog).
- “Third Party Link” or “Third Party Advertiser Link” shall have the meaning as further set forth herein and refers to any links on the website that are not owned by the company or website.
AGREEMENT; SOLE AND ENTIRE UNDERSTANDING; REVISIONS AND AMENDMENTS
The company may revise or amend this Agreement at any time without specific notice to you. The then latest Agreement will be posted on our website, and users should review this Agreement prior to using our website or service. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it, if necessary. If you do not accept this Agreement, do not access, and use our website or access our service. If you have already accessed our website and do not accept this Agreement, you should immediately discontinue use of our website and service.
USER ELIGIBILITY; USER COMPLIANCE
CONTENT DISCLAIMER; ERRORS; REVISIONS
Notwithstanding the foregoing or anything to the contrary, company reserves the right to change, alter, amend, or otherwise revise the website or the service at any time, for any reason, without notice. User acknowledges that the website and service are not guaranteed to be complete, correct, error-free, bug-free, virus-free timely, current, or up-to-date or otherwise reliable, and company makes no warranty or guarantee that it will undertake any obligation to modify the website or the service to correct such conditions. company reserves the right, exercisable at any time for any reason, with or without notice to users: a) to alter or delete or revise the website or service in any way, including but not limited to changes in content, design, layout, form, functionality, or software or hardware necessary to access the website and services and; b) to shut down the website or the service temporarily or permanently. In addition to the foregoing, users may not be able to access the website or service (including but not limited to any Content contained therein) from time to time as a result of traffic congestion or acts beyond our reasonable control (e.g., fire, flood, loss of power, riots, terrorists attack, internet failure, equipment failure, failure or lack of telecommunications or network connections or computer systems, et. al. (collectively “Force Majeure Event”)). In the event of the occurrence of a Force Majeure Event, company will have no liability for its inability or failure to make the website or service available, but company will use commercially feasible efforts to restore the affected website or service as soon as reasonably feasible.
DISCLAIMER OF WARRANTIES
Any usage of the website or service provided on or through the website is at user’s own risk. The website and services are provided on an “as is”, “with all faults” and “as available” basis. User acknowledges and agrees that the company has made, and hereby does not make any statements or warranties of any kind, either express or implied. company (including its agents, employees, directors, and officers) has not made and does not make any statement, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website and service provided through the website. Without limiting the foregoing, company (including its agents, employees, directors and officers) does not promise that the website or service provided through the website will be accurate, reliable, promise any specific results, be error-free or uninterrupted, that defects will be corrected, or that the website or services obtained through the website, server or network connections or software that make the website or services available are secure, free of viruses or other harmful components, or that the website or service will otherwise meet user’s needs or expectations. company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. No verbal or written representations, information or advice given by company or its authorized representative at any time shall limit this disclaimer of warranties or otherwise create a warranty or increase the scope of this warranty.
LIMITATION OF LIABILITY
In no event will company (or its licensors, directors, officers, employees or agents) be liable to any user or third party for any indirect, consequential, exemplary, incidental, special or punitive damages of any kind, including, without limitation, those resulting from any loss of use, loss of data, loss of profits, whether or not the company has been advised of the possibility of such damages, or any other theory loss, arising from any user’s usage of the website or service or any software or hardware used to make the website or services available. Notwithstanding anything to the contrary contained herein, user’s exclusive remedy and company’s total liability to you, if any, for any claim whatsoever, regardless of the claim theory (whether based on contract, tort, warranty, indemnification, or otherwise) or the existence of multiple claims, will at all times be limited to an amount equal to the amount paid, if any, by user to the company for access to the website or service.
THIRD-PARTY LINKS, THIRD-PARTY ADVERTISING LINKS AND SERVICES OR PRODUCTS OFFERED
The company’s website and service may contain links to other websites which are not operated by the company and which may or may not offer goods or services for sale or lease (“Third Party Links”). In addition, the company from time to time may include links to third party advertising, sponsorship or promotional materials on the website or service (“Third Party Advertising Link Content” or “Third Party Advertiser Link”). Third Party Links or Advertisers are responsible for ensuring that material submitted for inclusion on our website and service is accurate and complies with applicable laws. The company does not monitor the accuracy of the material provided or the products or services provided by Third Party Links or Advertisers
company does not endorse, guarantee, warranty, or recommend any products or services or promotions offered by such third-party links or third-party advertiser links and we make no representations or warranties about any product, promotion or service contained in third party links or third-party link advertising content contained on the website or service. users acknowledge that the foregoing disclaimer applies without limitation to any and all written or oral references or mere mentions of goods, products, services, promotions, or other information even if, solely or in combination, by use of such third party’s trade name, trademark, manufacturer, supplier, advertiser or otherwise.
Users acknowledge that, in leaving the website or service to use such Third-Party Links or Third-Party Advertising Links or purchasing a product from a Third-Party Link or Third-Party Advertising Link, it does so at its own risk. Such Third-Party Links and Third-Party Link Advertisers each operate its own processing, fulfillment, billing and customer service, and a User’s purchases of goods or services is governed solely by terms and conditions of sale established by such Third-Party Link or Third-Party Advertising Link (including all warranties, (whether express or implied), disclaimer of warranties, limitation of liability) and any privacy policies.
User agrees to hold harmless, defend and indemnify the company (including its agents, officers, directors, employees, and successors and assigns) from and against all loss damage and expense (including for reasonable attorney’s fees) from any third-party claim, demand or action arising out of User’s breach of any of its obligations, warranties, or representations under this Agreement.
Any such controversy or claim not excluded under the immediately preceding subparagraphs a), b) or c) shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration proceeding shall be conducted in the City of Howell, Michigan and any arbitration award may be enforceable in any court having jurisdiction thereof. Either party may seek an interim or preliminary protective order from a court of competent jurisdiction in the City Howell, Michigan pending the completion of arbitration. Each party shall split the arbitration fees and costs on a 50-50 basis, provided however, that each party will bear its own attorney fees.
INTERPRETATION AND DEFINITIONS
The words have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for you to access our website or service or parts of our service.
- Company (referred to as either “the company”, “We”, “us” or “Our” in this Agreement) refers to Heilyn Photography, LLC, 2404 Chestnut Bend, Howell, MI 48855.
- Cookies are small files that are placed on your computer, mobile device, or any other device by a website, containing the details of your browsing history on that website among its many uses.
- Country refers to: Michigan, United States
- Device means any device that can access the website or service such as a computer, a laptop, web TV, a cellphone, or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the website.
- Service Provider means any natural or legal person who processes the data on behalf of the company. It refers to third-party companies or individuals employed by the company to facilitate the service, to provide the service on behalf of the company, to perform services related to the service or to assist the company in analyzing how the service is used.
- Third-party Social Media service refers to any website or any social network website through which a user can log in or create an account to use the service.
- Usage Data refers to data collected automatically, either generated using the website or service or from the website or service infrastructure itself (for example, the duration of a page visit).
- Website refers to Heilyn Photography, accessible from https://heilynphotography.com
- You means the individual accessing or using the website or service, or the company, or other legal entity on behalf of which such individual is accessing or using the website or service, as applicable.
COLLECTING AND USING YOUR PERSONAL INFORMATION
While using our website or service, we may ask you to provide us with certain personally identifiable information that can be used to contact you or identify you. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
“Non-personal Identifiable Information” shall mean all information, other than Personal Information, that does not identify a specific individual. Non-personal Identifiable Information may include your equipment, device, operating system or browser used to visit, access, browse or use the website or service; your visiting, browsing, accessing or using activity or actions; summary information respecting our entire user base that may be collected by company or its third party servers, including information about ads, sponsorships, products, goods or services provided through Third Party Links presented and clicked upon by you; any other information which provides company with anonymous usage data (including, but not limited to, the number of unique visits, pages visited or navigational preferences); web browser information for facilitating communications between you and company (including your MAC or IP address); “Cookies”, “Flash Cookies” or “Clear Gifts” technology allowing the company to track repeat users and user’s usage patterns; Client-side page tagging or Pixel or Beacons tagging activities that allow the company to make servicing users more efficient, and; content in any form or medium voluntarily submitted to the company for posting. The company may provide, sell, or transfer Non-personal Identifiable Information about user sales, traffic patterns, preferences or any other related website or service information to third parties.
Usage Data is collected automatically when using the service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our service that you visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of Your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever you visit our service or when you access the service by or through a mobile device.
TRACKING TECHNOLOGIES AND COOKIES
- Flash Cookies. Certain features of our website and service may use local stored objects (or Flash Cookies) to collect and store information about your preferences or your activity on our website and service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how you can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our website and service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: us.
Purpose: These Cookies are essential to provide you with services available through the website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and We only use these Cookies to provide you with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: us.
- Functionality Cookies
Type: Persistent Cookies
Administered by: us.
Purpose: These Cookies allow us to remember choices you make when you use the website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website.
USE OF YOUR PERSONAL DATA
The company only collects Personal Information voluntarily given to us by you. The company does not require Visitors to provide it with any Personal Information to access public areas of our website; however, the company may use or collect a Visitor’s IP Address and other diagnostic information to diagnose problems with the company’s server or website.
Subject to the further terms hereof, the company will not sell, license, or otherwise transfer any rights to Personal Information to any third party unless a) expressly authorized by you; or b) such license, sale or other transfer is in connection with the sale, transfer, merger, reorganization, consolidation, or other transaction involving all or part of the company.
Notwithstanding the foregoing, the company may transmit or disclose Personal Information to third parties in the following circumstances:
- a) The company uses certain third-party contractors or vendors to perform certain services for us, including, but not limited to, webhosting, website maintenance and performance improvement tasks. When any user or visitor subscribes to an Internet service Provider (ISP) the computing device is assigned an IP Address, which the company will track and store to manage security and monitor usage volume and patterns.
The Company may also use your Personal Information and/or Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see Your name, profile, pictures, and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
RETENTION OF YOUR PERSONAL DATA
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
TRANSFER OF YOUR PERSONAL DATA
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
DISCLOSURE OF YOUR PERSONAL DATA
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
OTHER LEGAL REQUIREMENTS
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
SECURITY OF YOUR PERSONAL DATE
The security of Your Personal Data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided us with Personal Data, please contact us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, we may require Your parent’s consent before We collect and use that information.
LINKS TO OTHER WEBSITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
We have adopted and adhere to stringent security standards designed to protect non-public Personal Information obtained or stored by the company is protected from and against accidental or unauthorized access or disclosure. Among the safeguards that the company has developed for this website are administrative, physical, and technical barriers that together protect the website from unauthorized access or use. We may from time to time be required to shut down the entire website for security maintenance.
The company uses secure servers for all User information. users accessing the company website and service must use [an SSL-enabled browser] to protect the confidentiality of any Personal Information. Notwithstanding the foregoing, users acknowledge that no 100% guarantee can be made regarding the security of any data transmission over the Internet or any wireless network. users accordingly acknowledge that: 1) there are security and privacy limitations respecting data transmissions over the Internet and in wireless networks; 2) the company shall have no liability to any user or third party for any loss, disclosure, alteration, modification, or misuse of an information transmitted via the Internet or wirelessly; and 3) any information transmitted over the Internet or wirelessly may be subject to viewing or being tampered with by an unauthorized third party.
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://heilynphotography.com