Last Updated: 03/01/2018
Section I - Definitions
1.1 Site: Welcome to the Site. This website is hosted by http://www.Wix.com.
1.4 Changes: We reserve the right to, in our sole discretion, change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Site and changing the “last updated” date associated with this Notice. This Notice applies exclusively to your access to, interaction with, and use of, this Site and does not alter in any way the terms or conditions of any other agreement you might have with the Company or the Site. We encourage you to review our Notice each time you visit our site to check if it has been updated since your last visit. If you have any questions or comments regarding the use of the Site, please direct your questions or comments to Tanya Wright.
1.5 Company/Provider: Tanya Wright, dba Nest and Love Photography is the owner and Provider of the Site. The Company’s office is located at 3016 NW Gravenstein St., Camas, WA 98607. The Company is also referenced as “us” or “we” or “our” within this Notice.
1.6 User: You are the User if you view, interact with, or purchase from the Site. The User is also referenced as “you” or “your” within this Notice.
1.7 Submitted Item: Any photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, notes, and other information, content or material, or other item that you or your agents disclose, email, fax, offer, text, or post to the Site or the Company.
2.1 The content of the pages of the Site is for your general information and use only. It is subject to change without notice.
2.2 Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. No physical construction services or materials will be provided through the Site. Verifying the accuracy of each items’ details (including, but not limited to, color, price, dimensions, availability, or ingredients for potential allergens or irritants) in the Shopping List is your responsibility. To the extent allowable by law, neither Company, Site, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video, or audio from the Site. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEB SITE OR THAT INFORMATION PROVIDED IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
2.3 By offering Submitted Items to the Site, either online or offline, whether or not solicited by the Company or the Site, you hereby grant to the Company and the Site an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. You hereby represent and warrant (A) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (B) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at the Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by the Company to effect, perfect, and confirm the license granted to the Company to your Submitted Item as set forth herein. Publication or use of any Submitted Items is at the sole discretion of the Company and the Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Site or otherwise used by the Company, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the Company the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item.
2.4 The trademarks, designs, copyrights, logos and service marks ("Marks") displayed on the Site are the property of the Company and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of the Company or such third party, which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
2.5 You agree to indemnify, defend and hold us, our subsidiaries and affiliates, and their respective officers, directors, owners, agents, information providers and licensors (individually, the "Indemnified Party" or collectively, “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of this Notice. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
2.6 The Site uses third party service providers. By making use of some or all of these services on the Site, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s) to the extent required to provide the Payment Services to you.
2.7 The Site does not receive or process payments.
2.8 This Site uses the following Third Party Providers: Wix website creation and hosting, located at http://www.wix.com.
2.9 This Site provides links to other sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). The Site or the Company has no discretion to alter, update, or control the content on a Linked Site. The fact that the Site has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and the Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
2.10 The Company does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than the Company, (b) any content provided on Linked Sites or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by your reliance on information obtained through the Site or a Linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
2.11 The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and The Company specifically disclaims any liability for such inaccuracies or errors. The Company does not warrant or represent that the content on the Site is complete or up-to-date. The Company is under no obligation to update the content on the Site. The Company may change the content on the Site at any time without notice. The Company may make improvements or changes to the Site at any time.
2.12 You agree that the Company, its affiliates and any of their respective officers, directors, members, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a linked Site, even if the Company is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. The Company cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
Section III – Dispute Resolution
3.1 In the event of disputes resulting from the use of the Site, the parties will first consult together with a view to resolve the dispute amicably.
3.2 If the parties are unable to resolve a dispute amicably, it will be referred to the Superior court in Clark County, Washington.
3.3 Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of Clark County, Washington, United States of America and applicable federal law without regard to conflicts of laws principles.
Section IV - Copyright Complaints. (DMCA Takedown Requests)
4.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Nest & Love Photography
3016 NW Gravenstein St.
Camas WA, 98607
4.2 To be effective, the notification must be a written communication that includes the following:
a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4.3 Nest and Love may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Nest and Love may, within its sole discretion, remove content, and terminate users access to its Website who are repeat infringers.