WEBSITE TERMS OF USE


 

Thank you for visiting https://www.nestandlove.com/ (the “Site”) The contents of the site are subject to the following terms and conditions. By using the Site as a visitor, potential client, or client, you accept and agree to be legally bound by the Terms of Use herein. If any of the Terms of Use herein are unacceptable to you, please do not use the Site.

 

The Site is operated by Tonya Wright, owner and operate of Nest & Love Photography LLC, a Washington Company whose mission is to offer friendly and professional photography services to individuals and companies. The words “we,” “us” and “our” in this Site’s Terms of Use (the content herein) refer to Nest & Love Photography LLC while the words “you” or “your” refer to anyone viewing or using this site in any manner. 

 

  1. Changes May Be Made to These Terms of Use Without Notice. Any and all changes are legally binding. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

  2. Restrictions and Permissions Relating to Use of the Site. You may only make noncommercial uses of the Site and the Content. You may not use any content on the Site unless given explicit written permission to do so. You may not publish, distribute, retransmit, display, sell, claim as your own or as available to third parties, and any related scenarios that involve providing Content to others. In no event may you alter or modify the photos, copy, or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. 

  3. Intellectual Property and Proprietary Information Protection. The Site and the photography material, service offerings, and text available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. We own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified herein. 

  4. No Violation of Law or Violation of Third Party Rights. All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

  5. Rules of Conduct for Online Discussions and Related. As a viewer, potential client, or client, we know that you may use Facebook, Instagram, and other social media to comment about us, tag us, or learn updates about us. The Site is not responsible for any Facebook, Instagram, or any other social media decisions based on violative use. You are solely responsible for the content you post or submit and for any and all consequences related to posting or submitting it. As such, You agree to not submit or post any content that a. Infringes on another's privacy and/or intellectual property rights. b. Harasses, threatens or defames. c. Violates a term herein, a policy, regulation, or law. d. is intentionally false or misleading, e. Is harmful, dangerous, abusive, or offensive, f. Is obscene or contains pornography, g. Interferes with the operation of any system, unlawfully intercepts any data or personal information, or is a virus or malware type item. h. Contains or consists of advertising or any form of commercial solicitation or activity. i. Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site.

  6. No Obligation to Monitor But Right to Remove. We reserve the right to remove any content on the Site or on any of our communication platforms (social media or other) that we believe violates the above standards or any other Terms of Use provision. And as necessary, terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. 

  7. No Approval or Endorsement of User Content. We do not approve or endorse any User Content. You acknowledge and agree that we will have no responsibility, liability, or incurring of damages in connection with your use of any User Content.

  8. Disclaimer of warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

  9. Limitations of liability and remedies. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

  10. Indemnity. You agree to indemnify and hold harmless us and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

  11. Links to other sites. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

  12. No Grant of Permission to Trademark and No Grant of License. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of the Nest & Love Photography LLC, or any of our corollary companies or projects or brands for any purpose except with our prior written approval and in accordance with any restrictions required by us. Parties are welcome to send a written request seeking approval for use and/or propose an offer for mutually beneficial licensing agreement terms to info@nestandlove.com

  13. Copyright Complaints Involving Potential Infringement Need to Be Communicated and Reported. (Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3). If you believe your copyrighted information has been infringed upon on the Site, please review the act cited above, and then direct related communications to info@nestandlove.com

  14. You agree to attempt to promptly resolve any dispute or controversy arising out of or relating to the Terms of Use by communication and if needed, negotiation. However, should there be no resolve, You agree to mediate with us and a third-party neutral mediator. In this case, both parties agree to put forth best efforts to respect the mediation process. Further, parties acknowledge that mediation, as set forth herein, is a contractually required step prior to the filing of any claim or action against the other party in a court of law. 

  15. Applicable law and jurisdiction; access from outside Washington The Site is controlled and operated from our facilities in and around Camas, Washington. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of Washington, without regard to its conflicts of laws principles. You consent to the personal jurisdiction of such courts over you for this purpose and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our website from locations other than Washington, you will be responsible for compliance with all local laws of those other locations.

  16. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

  17. Enforceability and Severability.  If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. 

 

Last Update: 10/23/2019

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©2020 Nest & Love Photography 

From Seattle to San Diego proudly serving the West Coast.