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Terms of Use

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 AMarie Photography, AMarie Photography www.amarieportrait.com (defined below), which governs your use of Products (defined below) obtained by purchase through this website at amarieportrait.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” refers to AMarie Photography.

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents 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 AMarie Photography. All such Products are the intellectual property of and are owned by AMarie Photography.

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 AMarie 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

amarieportrait.com is a resource through which you may obtain photography related resources.

PRIVACY POLICY

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

amarieportrait.com will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. amarieportrait.com 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. amarieportrait.com is the sole manager of such information collected on the Site. amarieportrait.com will use such information to respond to you as necessary. You grant amarieportrait.com 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.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than amarieportrait.com to help support the maintenance of the Site. amarieportrait.com 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 amarieportrait.com 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

amarieportrait.com 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 amarieportrait.com’s services, and; (d) any other intellectual property rights afforded to amarieportrait.com, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, amarieportrait.com 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 amarieportrait.com’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. amarieportrait.com 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.

So long as you comply with this Terms of Use,amarieportrait.com grants you a non-exclusive, non-transferable license to download (Action, Preset and Overlay files and E-Books and view the streaming video content you purchase solely for your personal use with respect to your photography clients or similar business 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; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with 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. amarieportrait.com 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 amarieportrait.com will not reimburse you for such downloads.

CONTACT

By using the Site and entering personal information, you give amarieportrait.com 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 amarieportrait.com know by emailing us at [email protected] and we will kindly refrain from doing so.

RETURN/REFUND POLICY

Due to the digital nature of these resources and content there are no refunds.

All content is copyright AMarie Photography. It is illegal to and to copy, resale, and/or redistribute all products and copyright protected material in any way without written consent from Amarie Photography.

In most cases we are able to issue store credit or exchange if that suites the customer.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. YOUR BUSINESS NAME OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR 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. YOUR BUSINESS NAME 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, YOUR BUSINESS NAME 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 YOUR BUSINESS NAME, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

amarieportrait.com 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 amarieportrait.com’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

amarieportrait@gmail.com

All rights reserved © Copyright 2018 amarieportrait.com

PRIVACY POLICY

PRIVACY STATEMENT

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SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at amarieportrait@gmail.com
You may also opt-out of any email correspondence by clicking the link to unsubscribe from emails from inside the email you received from us.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4- Use of information

HOW WE USE YOUR INFORMATION

Generally, we use the information we collect through this Site:

  • to provide the information, products and services you request;
  • to provide you with effective customer service;
  • to provide you with a personalized experience when you use this Site;
  • to contact you with information and notices related to your use of this Site;
  • to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • to invite you to participate in surveys and provide Feedback to us (in accordance with any privacy preferences you have expressed to us);
  • to improve the content, functionality and usability of this Site;
  • to better understand your needs and interests;
  • to improve our products and services;
  • to improve our marketing and promotional efforts;
  • for security, credit or fraud prevention purposes; and
  • for any other purpose identified in an applicable Privacy Notice, click-through agreement or other agreement between you and us.

HOW WE SHARE YOUR INFORMATION

With Third–Party Vendors. AMarie Photography shares information collected through this Site with third-party vendors who act for us or on our behalf. For example, we may use third-party vendors to design and operate this Site; to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their functions.

To Comply with Laws and Protect Our Rights and the Rights of Others. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

We reserve the right to disclose your information as described in any Privacy Notice posted on a page of this Site where you provide that information. By providing your information on that page you will be consenting to the disclosure of your information as described in that privacy notice. We also reserve the right to disclose your information as described in any click–through agreement to which you have agreed.

HOW WE PROTECT YOUR INFORMATION

AMarie Photography takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we use reasonable measures to help protect your information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.

 

SECTION 5- THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics:
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at. You can view Google Analytics privacy policy at https://policies.google.com/privacy?hl=en

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 – COOKIES

In addition to the cookies AMarie Photography delivers to your computer or mobile device through this Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites.

Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites.

SECTION 8 – AGE OF CONSENT

By using this site, 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.

SECTION 9 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECTION 10 – Additional info for The General Data Protection Regulation (GDPR)
“We use technologies, such as cookies, to customize content and advertising, to provide social media features and to analyze traffic to the site. We also share information about your use of our site with our trusted social media, advertising and analytics partners.

Some of the advertising platforms we utilize include Facebook’s Ad Network, Google’s Ad Network including Display, AdWords, YouTube, Search and Email marketing. We may also employ native ad networks such as Outbrain, Taboola, RevContent and will employ their pixels for the purpose of measuring the success of those campaigns at driving traffic to our content, products and site content as well as displaying relevant offers to our site visitors based on pages, content and products they have demonstrated an interest in based on prior site visits and engagement and consent.

SECTION 11 Data Retention Time.
In general our Facebook audience retention maxes out at 365 days for most audiences and others at 180 days. Those audiences are mostly used for exclusions. For example if you engaged with a product but did not purchase after a week or month you would not longer be on our retargeting audience list to see ads relevant to our offer as we would assume that after two weeks if you have not purchased, then you are likely not interested in purchasing and therefore would be excluded from seeing additional offers from us as long as you are within that 365 audiences as having already been shown an ad within the last 365 days. Once that audiences expires it is possible that you would see another ad from us, it is not 100% guaranteed that you will not see an add if you are on an excluded audience list. To opt out of seeing ads you can control all of those cookies on your own devices by simply going to your browser settings and deleting any cookies for any site. Anytime you re-engage with our site, landing pages or apps you can have cookies placed on your device for our tracking and marketing purposes. By using our site, apps and content you are agreeing to our terms of service and those tools we employ including cookies, pixels and other data management systems for the purposing of providing you your account, access to your purchases and or free, promotional and content for which you have engaged.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at amarieportrait@gmail.com.