LL Phodography Terms of Service
1. ACCEPTANCE OF TERMS
LL Phodography provides it’s Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
By accessing and using the LL Phodography Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular LL Phodography owned or operated services, you and LL Phodography shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. LL Phodography may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF LL PHODOGRAPHY SERVICES
LL Phodography is a bespoke, photography service providing predominantly on-location outdoor photo shoots of dogs in Devon, with the option of a variety of adapted photo shoots to suit the owner and their dog(s) (the "LL Phodography Services").
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
Unless explicitly stated otherwise, any new features that augment or enhance the current LL Phodography Services, including the release of new LL Phodography properties, shall be subject to the TOS.
3. INDEMNITY
You agree to indemnify and hold LL Phodography and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you use, submit, post, transmit, modify or otherwise make available through LL Phodography Services, your use of the LL Phodography Services, your connection to the LL Phodography Services, your violation of the TOS, or your violation of any rights of another.
4. NO COMMERCIAL REUSE OF LL PHODOGRAPHY SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the LL Phodography Services (including Content, trademarks, and advertisements).
5. MODIFICATIONS TO LL PHODOGRAPHY SERVICES
LL Phodography reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LL Phodography Services (or any part thereof) with or without notice. You agree that LL Phodography shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LL Phodography Services (or any part thereof).
6. LINKS
The LL Phodography Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that LL Phodography is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LL Phodography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE LL PHODOGRAPHY SERVICES ARE AT YOUR SOLE RISK. THE LL PHODOGRAPHY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LL PHODOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LL PHODOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE LL PHODOGRAPHY SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE LL PHODOGRAPHY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LL PHODOGRAPHY SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LL PHODOGRAPHY SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LL PHODOGRAPHY SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LL PHODOGRAPHY OR THROUGH OR FROM THE LL PHODOGRAPHY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LL PHODOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
10. TRADEMARK INFORMATION
You agree that all of LL Phodography trademarks, trade names, service marks and other LL Phodography logos and brand features, and product and service names are trademarks and the property of LL Phodography. Without LL Phodography prior permission, you agree not to display or use in them any manner.
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
LL Phodography respects the intellectual property of others, and we ask our users to do the same. LL Phodography may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LL Phodography the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
LL Phodography can be reached as follows:
By email: lisa@llphodography.com
12. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and LL Phodography and governs your use of the LL Phodography Services, superseding any prior version of this TOS between you and LL Phodography with respect to the LL Phodography Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LL Phodography Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and LL Phodography each agree that the TOS and the relationship between the parties shall be governed by English Law without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and LL Phodography, shall be brought exclusively in the courts located in Plymouth Crown Court. You and LL Phodography agree to submit to the personal jurisdiction of the courts located in the county of Devon or England, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of LL Phodography to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LL Phodography Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.