ONLINE PRIVACY POLICY

COLLECTING AND USING YOUR PERSONAL INFORMATION

As you visit, browse, access or otherwise use the Company’s Website or Service or communicate with the Company, you may be asked to disclose certain Personal Information so that the Company can make you aware of the Website and provide you with access to the Service. So that you can reasonably determine whether to disclose your Personal Information to Company via the Website, or Service, the Company is providing you with these guidelines about how the Company collects uses and stores Personal Information. By visiting, accessing, browsing or using the Website, you agree to be bound by the terms and conditions of this Online Privacy Policy. This Online Privacy Policy only applies to Personal Information collected on the
Website and does not apply to information collected by the Company from you through any other means or to any third party link accessible through the Website. The Online Privacy Policy covers how the Company collects uses stores and shares Personal Information submitted and collected online as of the date upon which this Online Privacy Policy is posted (or as may be amended from time to time and posted on the Website). The Company may change this Online Privacy Policy at any time, for any reason. Any such changes, revisions, alterations or deletions made to this Online Privacy Policy shall become effective immediately upon posting. It is therefore important for you to visit this Online Privacy Policy from time to time.

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IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY DO NOT ACCESS THE COMPANY’S WEBSITE OR USE ITS SERVICE.

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All defined terms set forth in the Company’s Terms of Use posted on the Company’s Website shall have the same meaning in this Online Privacy Policy. The following additional definitions shall apply governing this Privacy Policy.

 

“Personal Information,” for purposes of this Privacy Policy shall mean data that is unique to an individual, such as a name, address, e-mail address, postal address and telephone number, whether contained in text or electronic messages, or mobile applications downloaded from our Website (if applicable) and providing dedicated non-browser based communications between the Company and you.

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“Non-personal Identifiable Information” shall mean any and all information, other than Personal Information, that does not identify a specific individual. Non-personal Identifiable Information may include your equipment, device, operating system or browser used to visit, access, browse or use the Website or Service; a your visiting or browsing or accessing or using activity or actions; summary information respecting our entire user base that may be collected by Company or its third party servers, including information about ads, sponsorships, products, goods or services provided through

Third Party Links presented and clicked upon by you; any other information which provides Company with anonymous usage data (including, but not limited to, the number of unique visits, pages visited or navigational preferences); web browser information for facilitating communications between you and Company (including your MAC or IP address); “Cookies” or “Flash Cookies” or “Clear Gifts” technology allowing the Company to track repeat users and user’s usage patterns; Client-side page tagging or Pixel or Beacons tagging activities that allow the Company to make servicing users more
efficient, and; content in any form or medium voluntarily submitted to the Company for posting and critique by Company representatives or users. The Company will not provide, sell, or transfer Non-personal Identifiable Information about user sales, traffic patterns, preferences or any other related Website or Service information to third parties.

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Collection and Use of Personal Information

The Company only collects Personal Information voluntarily given to us by you. The Company does not require Visitors to provide it with any Personal Information to access public areas of our website; however, the Company may use or collect a Visitor’s IP Address and other diagnostic information to diagnose problems with the Company’s server or Website.

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The Company may use Personal Information for the following purposes:

a) Verifying a Visitor's identity so that we can be sure that all of communications are secure and confidential;

b) Responding to inquiries or requests from a Visitor,

c) Delivering the Service to a Visitor in the most efficient manner;

d) Carrying out the Company’s and any Visitor's obligations arising out of the Terms of Use.

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Subject to the further terms hereof, the Company will not sell, license or otherwise transfer any rights to Personal Information to any third party.

Notwithstanding the foregoing, the Company will or may transmit or disclose Personal Information to third parties in the following circumstances:

a )The Company will disclose Personal Information: 1) if it is required to do so law or regulation or judicial order; 2) if we receive a validly issued subpoena issued by a court of competent jurisdiction; 3) to defend or enforce the Company’s rights under any Agreement between a User and the Company, including but not limited to this Online Privacy Policy or the Terms of Use relating to this Website, or 4) if a you consent to the disclosure.

 

NOTICE TO EUROPEAN ECONOMIC AREA (EEA) MEMBERS

Personal information and Non-Personal Identifiable Information may be collected, transferred or stored at a destination outside the EEA. Such information may be processed by staff operating outside the EEA who may work for either Company directly or contractors retained by the Company to process such information, fulfill any order for Service, process payment or billing as well as support services. By submitting any information, an EEA user agrees to this collection, storing and transferring of information. Company agrees to take all reasonable steps to ensure your data is treated
securely in accordance with this Online Privacy Policy.

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NOTICE TO CALIFORNIA RESIDENTS

California law gives California residents providing Personal Information to the Company the right to request once per calendar year that the Company provide users with information about how the Company has shared the user’s Personal Information with third parties for their direct marketing purposes. To the extent applicable, if at all, such information includes: a) list and names and addresses of all third parties with whom such Personal Information was shared during the prior calendar year along with a list of the categories of Personal Information shared. To make such a request, please send an email to dennis@dennisjonesphotography.com and specifically reference “California Privacy Request” in the subject matter line. Your request should include your name, physical address (other than email address) and an email address. The Company will respond you your request within thirty (30) days of the receipt of your request.  The Company does not share Personal Information with third parties for their marketing purposes and will not do so without prior written consent.

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CALIFORNIA “DO NOT TRACK” SETTINGS

Some web browsers have settings that allow users to request that Websites not track a user’s movement within a Website. The Company’s Website DOES NOT obey any such settings when transmitted to, or received (whether detected or not) by the Company’s Website.

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GENERAL RIGHTS, RESPONSIBILITIES AND LIMIATATIONS

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DISCLAIMER OF WARRANTIES

ANY USER’S USAGE OF THE WEBSITE OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) IS AT USER’S OWN RISK. THE WEBSITE AND SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. USERS ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS MADE, AND HEREBY DOES NOT MAKE ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS) HAS NOT MADE AND DOES NOT MAKE ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND SERVICE PROVIDED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN). WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS) DOES NOT PROMISE THAT THE WEBSITE OR SERVICE PROVIDED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL BE ACCURATE, RELIABLE, PROMISE ANY SPECIFIC RESULTS, BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR THE SERVER OR NETWORK
CONNECTIONS OR SOFTWARE THAT MAKE THE WEBSITE OR SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE AT ANY TIME SHALL LIMIT THIS DISCLAIMER OF WARRANTIES OR OTHERWISE CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR CONTENT POSTED, UPLOADED OR OTHERWISE TRANSMITTED TO THE WEBSITE. NOTHING CONTAINED HEREIN SHALL AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY (OR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER THEORY LOSS, ARISING FROM ANY USER’S USAGE OF THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR ANY SOFTWARE OR HARDWARE USED TO MAKE THE WEBSITE OR SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER’S EXCLUSIVE REMEDY AND COMPANY’S TOTAL LIABILITY TO YOU, IF ANY, FOR ANY CLAIM WHATSOEVER, REGARDLESS OF THE CLAIM THEORY (WHETHER BASED ON CONTRACT, TORT, WARRANTY, INDEMINIFICATION OR OTHEWISE) OR THE EXISTENCE OF MULTIPLE CLAIMS, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID, IF ANY, BY USER TO THE COMPANY FOR ONE MONTH’S ACCESS TO THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN).

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THIRD PARTY LINKS, THIRD PARTY ADVERTSING LINKS AND SERVICES OR PRODUCTS OFFERED

The Company’s Website and Service (and any Content contained therein) may contain links to other websites which are not operated by the Company and which may or may not offer goods or services for sale or lease (“Third Party Links”). In addition, the Company from time to time may include links to third party advertising, sponsorship or promotional materials on the Website or Service (including any Content contained therein) (“Third Party Advertising Link Content” or “ Third Party Advertiser Link”). Third Party Links or Advertisers are responsible for ensuring that material submitted for inclusion on our Website and Service (including any Content contained therein) is accurate and complies with applicable laws. The Company does not monitor the accuracy of the material provided or the products or services provided by Third Party Links or Advertisers

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COMPANY DOES NOT ENDORSE, GUARANTEE, WARRANTY, OR RECOMMEND ANY PRODUCTS OR SERVICES OR PROMOTIONS OFFERED BY SUCH THIRD PARTY LINKS OR THIRD PARTY ADVERTISER LINKS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT, PROMOTION OR SERVICE CONTAINED IN THIRD PARTY LINKS OR THIRD PARTY LINK ADVERTISING CONTENT CONTAINED ON THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN).

Users acknowledge that the foregoing disclaimer applies without limitation to any and all written or oral references or mere mentions of goods, products, services, promotions or other information even if, solely or in combination, by use of such third party’s trade name, trademark, manufacturer, supplier, advertiser or otherwise. Users acknowledge that, in leaving the Website or Service (including any Content contained therein) to use such Third Party Links or Third Party Advertising Links or purchasing a product from a Third Party Link or Third Party Advertising Link, it does so at its own risk. Such Third Party Links and Third Party Link Advertisers each operate its own processing, fulfillment, billing and customer service,
and a User’s purchases of goods or services is governed solely by terms and conditions of sale established by such Third Party Link or Third Party Advertising Link (including any and all warranties, (whether express or implied), disclaimer of warranties, limitation of liability) and any privacy policies.

 

USER INDEMNIFICATION

User agrees to hold harmless, defend and indemnify the Company (including its agents, officers, directors, employees, and successors and assigns) from and against any and all loss damage and expense (including for reasonable attorneys fees) from any third party claim, demand or action arising out of User’s breach of any of its obligations, warranties or representations under this Agreement.

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ARBITRATION

Any controversy or claim between User and Company arising out of or relating to the Website or Service shall be addressed solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, excluding, however: a) any and all Company claims by the Company against a User to collect any sums due under these Terms of Service; b) any and all actions by the Company to recover damages from a User for a violation of these Terms of Use and conditions and; c) any action by the Company to enjoin and prohibit User from engaging in behavior in contravention of the Company’s Terms of Use or in connection with the Website or Service (including any Content contained therein). Any such controversy or claim not excluded under the immediately preceding subparagraphs a), b) or c) shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

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Any arbitration proceeding shall be conducted in the City or County of Sacramento, California and any arbitration award may be enforceable in any court having jurisdiction thereof. Either party may seek an interim or preliminary protective order from a court of competent jurisdiction in the City or County of Sacramento, California pending the completion of arbitration. Each party shall split the arbitration fees and costs on a 50-50 basis, provided however, that each party will bear its own attorney fees.

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GENERAL TERMS

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. User agrees to submit to the personal jurisdiction and venue of such courts. If any of the terms and conditions contained in these Terms of Use are held by a court of competent jurisdiction or an arbitration award to be contrary to law, such interpretation shall be changed and interpreted such that it best accomplishes the intent and objectives of the original provision to the fullest extent allowed by law, with the understanding that all other non-conflicting provisions will remain in full force and effect. The Company’s failure to enforce or insist upon strict performance of any User’s obligations or the Company’s failure to exercise any of its rights or remedies under these Terms of Use shall not constitute a waiver of rights and remedies in any individual or multiple number of instances. Any and all provisions of these Terms of Use shall survive any termination or expiration of this Agreement.