Terms & Conditions

 
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Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Glaze Photography LLC concerning you access to and use of the www.photosbyglaze.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). www.photosbyglaze.com provides the following service: Web and social media development and management services. (“Glaze Photography Services”). Supplemental terms and conditions or documents that may be posted on www.photosbyglaze.com from time to time, are hereby expressly incorporated into this Agreement by reference.

Glaze Photography makes no representation that www.photosbyglaze.com is appropriate or available in other locations other than where it is operated by Glaze Photography. The information provided on www.photosbyglaze.com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Glaze Photography to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access www.photosbyglaze.com from other locations do so in their own initiative and are solely responsible for compliance with local laws, if and to the extend local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use www.photosbyglaze.com. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to using www.photosbyglaze.com. Persons under the age of 13 are not permitted to register for www.photosbyglaze.com or use the Glaze Photography Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE WWW.PHOTOSBYGLAZE.COM. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT GLAZE PHOTOGRAPHY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE GLAZE PHOTOGRAPHY SERVICES OR WWW.PHOTOSBYGLAZE.COM.

Purchases: Payment

Glaze Photography bills you through an online billing account for purchases of products and/or services. You agree to pay Glaze Photography all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize the Glaze Photography to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Glaze Photography reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Glaze Photography. Glaze Photography may change prices at any time. All payments shall be in U.S. dollars.

Refund Policy

All sales are final and no refunds shall be issued.

Request for Service

Glaze Photography has absolutely no obligation to accept your request for service. Glaze Photography reserves the right to accept or reject any request for service for any or no reason.

Guidelines for Reviews

Glaze Photography may accept, reject or remove reviews in its sole discretion. The Glaze Photography has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviewers are not endorsed by Glaze Photography, and do not represent the views of Glaze Photography or of any affiliate or partner of the Glaze Photography. The Glaze Photography does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants the Glaze Photography a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable license to Glaze Photography to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about www.photosbyglaze.com or the Glaze Photography Services (“Submissions”) provided by you to the Glaze Photography are non-confidential and the Glaze Photography (as well as any designee of Glaze Photography) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

Prohibited Activities

You may not access or use www.photosbyglaze.com for any other purpose other than that for which Glaze Photography makes it available. Www.photosbyglaze.com may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Glaze Photography. Prohibited activity includes, but is not limited to:

A.    attempting to bypass any measures of www.photosbyglaze.com designed to prevent or restrict access to www.photosbyglaze.com, or any portion of www.photosbyglaze.com

B.    attempting to impersonate another use or person or using the username of another user

C.     criminal or tortious activity

D.    deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of www.photosbyglaze.com

E.     deleting the copyright or other proprietary rights notice from any Website content

F.     engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools

G.    except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses www.photosbyglaze.com, or using or launching any unauthorized script or other software

H.    harassing, annoying, intimidating or threatening any Glaze Photography employees or agents engaged in providing any portion of the Glaze Photography Services to you

I.      interfering with, disrupting, or creating an undue burden on www.photosbyglaze.com or the networks or services connected to www.photosbyglaze.com

J.      making any unauthorized use of the Glaze Photography Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses

K.     selling or otherwise transferring your profile

L.     systematic retrieval of data or other content from www.photosbyglaze.com to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Glaze Photography

M.   tricking, defrauding or misleading Glaze Photography and other users, especially in any attempt to learn sensitive account information such as passwords

N.    using any information obtained from www.photosbyglaze.com in order to harass, abuse, or harm another person

O.    using the Glaze Photography Services as part of any effort to compete with Glaze Photography or to provide services as a service bureau

P.     using www.photosbyglaze.com in a manner inconsistent with any and all applicable laws and regulations

Intellectual Property Rights

The content on www.photosbyglaze.com (“Glaze Photography Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Glaze Photography, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Glaze Photography Content, includes, without limitation, all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics. All Glaze Photography graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Glaze Photography in the United States and/or other countries. Glaze Photography’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part, without the prior written permission of the Glaze Photography.

Glaze Photography Content on www.photosbyglaze.com is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sod, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use www.photosbyglaze.com, you are granted a limited license to access and use www.photosbyglaze.com and the Glaze Photography Content and to download or print a copy of any portion of the Glaze Photography Content to which you have properly gained access solely for your personal, non-commercial use. Glaze Photography reserves all rights not to expressly grant you in and to www.photosbyglaze.com and Glaze Photography Content and Marks.

Third Party Websites and Content

Www.photosbyglaze.com may contain (or you may be sent through www.photosbyglaze.com or the Glaze Photography Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigates, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through www.photosbyglaze.com or any Third Party Content posted on, available through or installed from www.photosbyglaze.com, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave www.photosbyglaze.com and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from www.photosbyglaze.com or relating to any applications you use or install from www.photosbyglaze.com. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Glaze Photography takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Site Management

Glaze Photography reserves the right but does not have the obligation to:

A.    monitor www.photosbyglaze.com for violations of this agreement;

B.    take appropriate legal action against anyone who, in Glaze Photography’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

C.     in Glaze Photography’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may isolate this Agreement or any Glaze Photography policy;

D.    in Glaze Photography’s sole discretion and without limitation, notice or liability to remove from www.photosbyglaze.com or otherwise disable all files and content that are excessive in size or are in any way burdensome to Glaze Photography’s systems;

E.     otherwise manage www.photosbyglaze.com in a manner designed to protect the rights and property of Glaze Photography and others and to facility the proper functioning of www.photosbyglaze.com.

Privacy Policy

We are about the privacy of our users. Please review the Glaze Photography Privacy Policy. By using www.photosbyglaze.com or Glaze Photography Services, you are consenting to have your personal data transferred to and processed in the United States. By using www.photosbyglaze.com or the Glaze Photography services, you are consenting to the terms of our Privacy Policy.

Term and Termination

This Agreement shall remain in full force and effect while you use www.photosbyglaze.com or are otherwise a user or member of www.photosbyglaze.com, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, GLAZE PHOTOGRAPHY RESERVES THE RIGHT TO, IN GLAZE PHOTOGRAPHY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF WWW.PHOTOSBYGLAZE.COM AND THE GLAZE PHOTOGRAPHY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF AND REPRESENTATIONAL, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND GLAZE PHOTOGRAPHY MAY TERMINATE YOUR USE OR PARTICIPATION IN WWW.PHOTOSBYGLAZE.COM AND THE GLAZE PHOTOGRAPHY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN GLAZE PHOTOGRAPHY’S SOLE DISCRETION.

In order to protect the integrity of www.photosbyglaze.com and Glaze Photography Services, Glaze Photography reserves the right at any time in its sole discretion to block certain IP addresses from accessing www.photosbyglaze.com and Glaze Photography Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF GLAZE PHOTOGRAPHY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A GLAZE PHOTOGRAPHY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUAL RESIDING IN STATES WITH SUCH LAWS.

If Glaze Photography terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Glaze Photography reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, an injunctive redress.

Modifications

TO AGREEMENT

Glaze Photography may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on www.photosbyglaze.com and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Glaze Photography services after any such modification becomes effective. Glaze Photography may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to insure you are informed of changes. You agree that you will periodically check www.photosbyglaze.com for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

TO SERVICES

Glaze Photography reserves the right at any time to modify or discontinue, temporarily or permanently, the Glaze Photography Services (or any part thereof) with or without notice. You agree that Glaze Photography shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Glaze Photography Services.

Disputes

BETWEEN USERS

If there is a dispute between users of www.photosbyglaze.com, or between users and any third party, you understand and agree that Glaze Photography is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Glaze Photography, its offices, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Glaze Photography Services.

WITH GLAZE PHOTOGRAPHY

A.    Governing Law: Jurisdiction. This Agreement and all aspects of www.photosbyglaze.com and Glaze Photography Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Virginia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Prince William County, State of Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, applications of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to www.photosbyglaze.com or Glaze Photography Services be instituted more than two (2) years after the cause of action arose.

B.    Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Glaze Photography agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least THIRTY (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C.     Binding Arbitration. If you and the Glaze Photography are unable to resolve a Dispute through informal negotiations, either you are Glaze Photography may elect to have the Dispute (except those Disputes expressly included below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Glaze Photography will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Prince William County, State of Virginia. Except as otherwise provided in this Agreement, you and Glaze Photography may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D.    Restrictions. You and Glaze Photography agree that any arbitration shall be limited to the Dispute between Glaze Photography and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E.     Exceptions to Informal Negotiation and Arbitration. You and Glaze Photography agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of your or Glaze Photography’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this section is found to be illegal or unenforceable then neither you nor Glaze Photography will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Glaze Photography agree to submit to the personal jurisdiction of that court.

Corrections

Occasionally there may be information on www.photosbyglaze.com that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Glaze Photography reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

Disclaimers

Glaze Photography cannot control the nature of all the content available on www.photosbyglaze.com. By operating www.photosbyglaze.com, Glaze Photography does not represent or imply that Glaze Photography endorses any blogs, contributions or other content available on or linked to by www.photosbyglaze.com, including without limitation content hosted on third party websites or provided by third party applications, or that Glaze Photography belies contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on www.photosbyglaze.com or in connection with any contributions. The Glaze Photography is not responsible for the conduct, whether online or offline, of any user of www.photosbyglaze.com or Glaze Photography Services.

YOU AGREE THAT YOUR USE OF WWW.PHOTOSBYGLAZE.COM AND GLAZE PHOTOGRAPHY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLAZE PHOTOGRAPHY, ITS OFFICES, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH WWW.PHOTOSBYGLAZE.COM AND THE GLAZE PHOTOGRAPHY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLAZE PHOTOGRAPHY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF WWW.PHOTOSBYGLAZE.COM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WWW.PHOTOSBYGLAZE.COM OR GLAZE PHOTOGRAPHY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WWW.PHOTOSBYGLAZE.COM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WWW.PHOTOSBYGLAZE.COM. GLAZE PHOTOGRAPHY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH WWW.PHOTOSBYGLAZE.COM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OF OTHER ADVERTISING, AND GLAZE PHOTOGRAPHY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT SHALL GLAZE PHOTOGRAPHY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF WWW.PHOTOSBYGLAZE.COM OR GLAZE PHOTOGRAPHY SERVICES, EVEN IF GLAZE PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GLAZE PHOTOGRAPHY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GLAZE PHOTOGRAPHY FOR THE GLAZE PHOTOGRAPHY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity

You agree to defend, indemnify and hold Glaze Photography, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Glaze Photography Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Glaze Photography reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Glaze Photography, and you agree to cooperate, at your expense, with Glaze Photography’s defense of such claims. Glaze Photography will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Notices

Except as explicitly states otherwise, any notices given to Glaze Photography shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

User Data

Our Website will maintain certain data that you transfer to www.photosbyglaze.com for the purpose of the performance of the Glaze Photography Services, as well as data relating to your use of the Glaze Photography Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Glaze Photography Services. You agree that Glaze Photography shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Glaze Photography arising from any such loss or corruption of such data.

Electronic Contracting

Your use of the Glaze Photography Services includes the ability to enter into agreements and/or make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE GLAZE PHOTOGRAPHY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Miscellaneous

This Agreement constitutes the entire agreement between you and the Glaze Photography regarding the use of the Glaze Photography Services. The failure of Glaze Photography to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Glaze Photography may assign any or all of its rights and obligations to others at any time. Glaze Photography shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Glaze Photography’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Glaze Photography as a result of this Agreement or use of www.photosbyglaze.com and Glaze Photography Services. Upon Glaze Photography’s request, you will furnish Glaze Photography any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Glaze Photography by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic from of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Contact Us

In order to resolve a complaint regarding the Glaze Photography Services or to receive further information regarding use of the Glaze Photography Services, please contact Glaze Photography as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a Virginia resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 or by telephone at 1 -(800) 952-5210.

Glaze Photography

Email:  hello@photosbyglaze.com

Phone: (334) 868-3052