Terms of Service for Blush Boudoir Photography
Welcome to Blush Boudoir Photography
Modification: Blush Boudoir Photography reserves the right to modify, alter and/or discontinue, whether temporarily or permanently, any service, or any part thereof, with or without prior notice, at any time in its sole discretion. In addition, Blush Boudoir Photography shall not be held liable to any user or any third party for any such alternation, modification, suspension, and/or discontinuance of services, or any part thereof. Continued use of the Website and/or services provided, after such posting of any modification of these TOS shall constitute acceptance of the such modification. Therefore, frequent reviews of these TOS should be made by you to ensure awareness of all terms and policies currently in effect. Should you not agree to the changes and/or modifications, you must stop using Blush Boudoir Photography Website and any services provided.
Minors: Persons under 18 years of age (or the applicable age of majority, if greater than 18 years of age) are not permitted to use the Website. Blush Boudoir Photography does not knowingly solicit or collect information from persons under 18 years of age. Therefore, by using the Website you affirm that you are 18 years of age or older and are fully able and competent to enter into these TOS.
Use of Website: Blush Boudoir Photography authorizes you to view or download the files, documents, text, photographs, images, audio, video, and any other materials accessed through or made available for use or download through the Website (collectively, “Content”) solely for your personal, noncommercial use. You may not copy, distribute, modify, create derivative works of, reproduce, publish, or use, in whole or in part, any Content for any commercial or other purposes except as explicitly authorized by these TOS. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider, or robot, to access, extract or download any content from the Website, unless expressly authorized to do so by Blush Boudoir Photography.
User Conduct: You agree to access and use the Website and/or services only for lawful purposes. User is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations, pertaining to (i) your use of the Website and services, (ii) the use of any networks or other services connected to the Website, and (iii) any means by which you connect to the Website and services. You acknowledge that you are solely responsible for the substance of everything submitted and/or posted by you to the Website. You agree not to:
(a) restrict or inhibit any other user from using and enjoying the Website and/or its services;
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) post or transmit any information or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or holder of such rights;
(d) post or transmit any information, or other material which contains a virus or other harmful components;
(e) claim a relationship with or to speak on behalf of any business, association, institution or
other organization for which you are not authorized to do so;
(f) copy and/or collect any content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent:
(g) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the application programming interface, any website code, or any software used to provide the Website and/or its services;
(h) use the Website and/or its services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that violates any applicable law.
Right to Regulate: Blush Boudoir Photography retains the right to regulate access to and use the Website and/or its services in its sole discretion. You agree not to bypass any such regulation. You further agree that Blush Boudoir Photography is not liable for regulating or not regulating, and no action or inaction by Blush Boudoir Photography shall constitute a waiver of any right to regulate.
Proprietary Rights: You herein acknowledge, understand, and agree that all of Blush Boudoir Photography trademarks, copyright, trade name, service marks, and other Blush Boudoir Photography logos, trademarks, logos, service marks, and any brand features and names are the sole property of and shall remain, the property of Blush Boudoir Photography. You herein agree not to display and/or use in any manner the Blush Boudoir Photography logo or marks.
Disclaimer & Liability: To the full extent permitted by law, Blush Boudoir Photography, and its officers, directors, and employees. 1) make no promises, warranties, or representations as to the Website and/or its services, including its completeness, accuracy, availability, timeliness, propriety, security, or reliability; (2) provide the Website and/or its services on an “AS IS” and “AS AVAILABLE” basis and any risk of using the Website and/or its services is assumed by User; (3) disclaim all warranties, express or implied, including as to the accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from a course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of User or any third -party in connection with the Website and/or its services. Blush Boudoir Photography shall NOT be liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to the Website and/or its services, and in no event shall such liability exceed $100. Some jurisdictions restrict or alter these disclaimers and limits, therefore, some restrictions may not apply.
Choice of Law and Forum: These TOS shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these TOS shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. You agree and waive all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website and/or its services, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.
Blush Boudoir Photography
41 Washington Ave,
Grand Haven, MI 49417
Phone: 1 (616) 970-3188