Terms of Use
Date of Last Revision: Sept 1st 2023
Please read the following Terms of Use carefully before you use Candy Coated Photography's services.
Welcome to www.candycoatedphotography.com website. The website is comprised of various web pages operated by Candy Coated Photography. www.CandyCoatedPhotography.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the terms)Your use of www.CandyCoatedPhotography.com constitutes your agreement to all such terms. Please read the terms carefully and keep a copy of them for your reference.
www.candycoatedphotography.com is an E-Commerce site.
Candy Coated Photography provides photographer services to you subject to the notices, terms, and conditions set forth in the Agreement. In addition, when you use any of Candy Coated Photography's services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into the Agreement by this reference. Candy Coated Photography reserves the right to change this Website and the Agreement at any time.
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. TRADEMARKS
The content on Candy Coated Photography's Website, including without limitation any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the trademarks, service marks, and logos contained therein (collectively, "Content"), is owned by or licensed to Candy Coated Photography and is subject to copyright, trademark, and other intellectual property rights under United States, foreign laws, and international conventions.
ALL Candy Coated Photography logos, and any other product or service names or marks, logos, or slogans of Candy Coated Photography contained in the Website are trademarks and/or service marks of Candy Coated Photography and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Candy Coated Photography. You may not use any metatags or any other "hidden text" utilizing "Candy Coated Photography" or any other name, trademark or product or service name of Candy Coated Photography without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icon, and scripts, is copyrighted. The service mark, trademark, and/or trade dress of Candy Coated Photography and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, registered trademarks, and service marks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
The Agreement governs your use of the Website and all Candy Coated Photography products and services (collectively, the "Services"). By using the Website or any of the Services, you agree to be bound by the Agreement. The terms of the Agreement may be modified by Candy Coated Photography from time to time without notice to you. Please read the Agreement carefully and check the Website frequently to stay abreast of any changes or modifications. If you do not agree to be bound by the Agreement, then do not use the Website.
Candy Coated Photography may, in its sole discretion, modify or revise the Agreement at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by the Agreement, you may not use the Website. You also must be 18 years of age or older to use the Services.
In consideration of the license granted herein below and your use of the Website and the Services, you represent you are of legal age to form a binding contract and you agree to comply with the Agreement. If you do not agree to the Agreement, Candy Coated Photography does not agree to provide you with access to the Website or the Services.
Candy Coated Photography reserves the right at any time to:
(a) Change the Agreement. Your continued use of the Website or Services following any such change will signify your acceptance of such change;
(b) Change the Services, including eliminating or discontinuing any Content or feature of the Services;
(c) Impose fees, charges, or other conditions for use of the Services (with reasonable notice); and/or
(d) Modify the Website with or without notice to you and without liability to you or any third party.
3. Privacy
Your use of www.candycoatedphotography.com is subject to Candy Coated Photography's Privacy Policy. Please review the privacy policy, which also governs the site and informs users of our data collection practices.
4. Electronic Communications
Visiting www.candycoatedphotography.com or sending emails to Candy Coated Photography 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, satisfies any legal requirement that such communications be in writing.
5. Children Under 13
6. Cancellation/Refund Policy
Our Studio Name reserves the time and date agreed upon. For this reason, all retainers are non-refundable, even if the portrait/event date is changed or canceled by client for any reason except as noted in sections 8 and 9 in your contract. Cancellations or rescheduled sessions made the day of the session will be charged a $35 fee. This fee will be charged to the credit card on file or billed to the client. Changes to designs ordered in the studio must be made 3 weeks before their session. Backdrop orders and themed designs are ordered 2 weeks before client's session, so any changes must be made 3 weeks before client's session. Once a backdrop or cake is ordered, there are no cancellations. Any other design spec changes must be made 1 week before client's session.
7. Electronic E-Commerce
You will be solely responsible for the maintenance of your delivered images, products, contents, and materials appearing online or on your products
8. Third Party Services
The Website may contain links to third party websites or provide content from third party websites that are not owned or controlled by Candy Coated Photography. Candy Coated Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. All matters concerning the goods and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Candy Coated Photography makes no warranties or representations whatsoever with regard to any goods or services provided by any Seller. You will not consider Candy Coated Photography, nor will Candy Coated Photography be construed as, a party to such transactions, whether or not Candy Coated Photography may have received some form of revenue or other remuneration in connection with the transaction, nor shall Candy Coated Photography be liable for any costs or damages arising out of, either directly or indirectly, any such transaction. By using the Website, you expressly relieve and release Candy Coated Photography and its affiliates from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware of when you are no longer on the Website, and to read the terms and conditions and privacy policy of each other website that you visit.
Candy Coated Photography also integrates with the Google Geocoding API(s) to obtain location information and display results using the map block on your website. By using Candy Coated Photography or its embeddable map application, you are also bound by Google's Terms of Service, which can be found here: https://www.google.com/intl/en/policies/terms.
9. Liability Waiver
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. CANDY COATED PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CANDY COATED PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, 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 ANY RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONSTION OF ANY KIND. Candy Coated Photography 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANDY COATED PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CANDY COATED PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
10. Copyright / Digital Millennium Copyright Act
YOU SHALL NOT USE THE WEBSITE AND/OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR IN ANY WAY VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. YOU SHALL NOT USE ANY OF THE COPYRIGHTED IMAGES FOR YOUR OWN PERSONAL USE, UNLESS YOU HAVE ANY PRINTING RIGHTS LINKED WITH A PRINTING RIGHT STATEMENT.
11. Prohibited Behavior, Including Copyright and Trademark Infringement, Unlawful Conduct, Obscenity, Spamming, Etc.
You agree that you will not:
(a) link, or attempt to link, the Candy Coated Photography site to any site offering any images or photographs displaying any nudity;
(b) link, or attempt to link, any site offering any images or photographs displaying any nudity to the Candy Coated Photography site; and/or
(c) sell, offer for sale, or link to any services of a sexual nature (including all escort services, regardless of whether sexual services are explicitly offered), sex toys, or other sexually related content.
Candy Coated Photography reserves the right to refuse to provide Services, fulfill any order, or any part of any order, if it believes that the Agreement has been violated. In addition, Candy Coated Photography reserves the right to disclose information in any Plan or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Candy Coated Photography or others.
Failure to fulfill any of the obligations in this Section will constitute grounds for blocking your access to the Services, removal of posted material, and/or non-fulfillment of your order (or any part of your order) without prior notice to you and in the sole discretion of Candy Coated Photography. Candy Coated Photography shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
12. Mutual Respect in Communications
Candy Coated Photography strives to provide its customers with the best customer support in the industry. Candy Coated Photography is committed to being courteous and respectful in all of their communications with you. Candy Coated Photography expects that you will also show respect in your communications with Candy Coated Photography.
Candy Coated Photography will not tolerate rude or disrespectful communications from you or your agents. Rude or disrespectful communications include, but are not limited to: profanity, threats, personal put-downs, belittling language, provoking language, harassing language, defamation, libel, obscenities, vulgarities, pornography, pornographic language, language invading another's privacy, hateful language, racist language, sexist language, or false statements.
13. Online Gallery Terms & Digital Download Service
An online gallery will be provided at the time of image proofing and delivery. This gallery presented is not an annual access gallery. Wedding galleries DO NOT have access to the gallery 1 year after their wedding. Our studio cannot archive images for a long period of time due to cost. Purchasing a USB drive or Flash-drive is recommended or creation of an album is strongly recommended to keepsake your images. Set expiration dates will be provided and notification will be sent to client of the set dates when your gallery will expire. It is advised that client download all images paid for and included in the package when delivered to the client and backed up to their own hard drive for archive purposes. Our studio is not liable for lost or damaged files that incur from the client or their own backup devices (computers, hard drives, etc). Our studio does archive images for 60 days, but after that time, we are not liable to archive images of the session. There will be a $100 charge to the client if our studio is requested to upload files to an expired gallery or a new online gallery after it has been taken offline from our website. Notices of expired galleries and removal of images will be notified to the client before images are removed. If the client misses this notification, our studio is not liable.
14. Contacts & Email Marketing
When you Subscribe to Candy Coated Photography's email signup option, you give Candy Coated Photography the right to send you email campaigns and marketing ads. If you do nto wish to have your email in Candy Coated Photography's marketing list, simply unsubscribe.
15. Indemnification
You agree to indemnify and hold harmless Candy Coated Photography, its members, affiliates, officers, directors, agents, employees, successors and assigns, from and against any and all claims, demands, liabilities, losses, costs, expenses (including reasonable attorneys' and experts' fees and court costs), causes of action, or judgments directly or indirectly made by any third party due to or arising out of your use of the Website or Services, your violation of the Agreement, your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any content submitted by you caused damage to a third party. The obligations set forth herein shall survive the Agreement and your use of the Website.
16. Choice of Law and Arbitration
The Agreement and the relationship between you and Candy Coated Photography shall be governed by the laws of the State of California without regard to the State's conflict of law provisions.
in the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and condtions, or any provisions hereof, whether in contract, tort, or otherwise at law or equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitator and administerd by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgement may be enetered upon it in any court haveing jurisdiction. In the event the any legal or equatable action. proceeding or arbitration arises out of or concerns these terms and conditons, the prevailing party shall be entitled to recover it's costs and reasonable attorny fees. The parties agree to arbitrate all disputes and claims regards to these terms and conditons and any disputes arising as a reult of these terms and condtions, whether directly or indirectly, including tort claims that are arising of these terms and condtions. The parties agree that the Federal Arbitration Act governs the interpretation ond enforcment fo the provision. The entire dispute, including the scope and enforceability fo this arbitration provision shall be determinded by the arbitrator. The arbitration provision shall survive the termination of the terms and conditions.
BECAUSE THE USE OF THE WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in San Jose, Ca.
Class Action Waiver
Any arbitration under these terms and conditions will take place on an individual basis, class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OT CLASS MEMBER AND ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless bother you and Candy Coated Photography agree otherwise, the arbitrator may not consolidate more than one person's claims, and may noth otherwise preside any form of a representative or class proceeding.
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