Terms and Conditions
Your use of this Website is governed by these Terms and Conditions
Please take a few minutes to review these Terms and Conditions (“Terms”). Your use of the http://lovechildphoto.com Website (“Website”) and all the services of Lovechild Photo (“Studio”) constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms do not use the Website.
By use of this Website and booking a portrait session you hereby consent that the photographs taken may be used by Lovechild Photo, for the purpose of display, portfolio, advertising, website or publication to promote the Studio. You also agree that the images can be used without additional compensation to you and/or the minor being photographed. You hereby warrant that you are a legal competent adult and a parent of the minor, and that you have every right to contract for the minor in the above regard.
The fee for a Lovechild Photo session is $275 + applicable sales tax. Session fee expires after the date and time booked and cannot be transferred to a future date or time.
If you are not able to attend your session, you may transfer to another person by having them bring the email confirmation receipt to your designated date and time slot. By attending a session, the new Client agrees to our terms, has read our FAQS and understands how a Lovechild session works.
All photographs will be taken at the photographer’s professional discretion. The Studio will not be responsible for any of the following, which may result in a shorter time period spent photographing. These include, but are not limited to: you and/or your family members running late, illness of you or others, weather, you or others stuck in traffic, acts of God, or poor planning on part of you. The session fee is for a specific date and specific time frame, therefore if you are late for any reason, Lovechild Photo cannot guarantee the full session time or number of final images.
The Studio shall be granted artistic license in relation to the poses photographed and the locations and/or backgrounds used. The Studio’s judgment regarding the location, poses shall be deemed correct.
Average sessions yield approximately 15-20 images. While all due care will be made to provide complete coverage, Studio cannot guarantee delivery of any specific image or amount of images.
You agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Studio will not be held responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Any guest images on this Website are protected by an access code. To access the images, you must create an account and enter the access code.
Creating an Account
By creating an account, you represent that you have the lawful right to enter this Website and have permission from the access code owner to view, share, create, print and/or order portraits, products and/or services from images photographed during a Lovechild Photo session. An authorized user is licensed to use the Website for personal purposes only. No commercial use is authorized or intended. If you do not agree with any of these Terms, do not use the Website.
Access Code Security
You are responsible for keeping the access code and account password secure. By sharing the access code or account password, others will have access to the Guest Images and may also have the ability to share the access code and Guest Images with others.
The Guest Images on this Website are published in a low resolution format for uploading speed and viewing. Any Guest Images that are printed or downloaded will not be as crisp as a high resolution print. High resolution, professional quality prints are available for purchase through this Website.
Permitted Use of Images
Professional portraits are copyright protected. The images you view are low resolution, intended for electronic viewing and sharing only. You may order our professional, high quality prints through the Website. If Client purchases High Resolution digital files Studio recognizes and agrees that the client may reproduce the guest images created hereunder for personal, non commercial use. Guest Images may not be used for any commercial purpose without our prior written approval. Use of a Guest Image on a business card, resume, Facebook, LinkedIn, or other personal social networking page is permissible and not considered a commercial use. Using a Guest Image to create goods or services from the image for resale is a commercial use and prohibited.
No items may be included with or forwarded to any person or entity with unlawful intent or content. Use must comply with the laws of the United States.
Length of Time Your Images are on the Website
Session previews will be available within approximately two weeks of session date. Online proof gallery will be available for 10 days. Orders for portraits or products must be made within that time. There will be a fee of $50 per week to republish online gallery after 10 days, or to extend it past the expiration date. No part of any order will be delivered until the balance is paid in full. Sales tax will be applied to all orders.
Email Offers and Reminders
By providing your email address to Lovechild Photo, you may receive special offers and notifications of upcoming pop-up events.You may unsubscribe at any time by clicking “Unsubscribe” at the bottom of any email we send. To ensure you receive these offers and reminders, check your SPAM filters to allow delivery. The Studio does not send SPAM or give your information to any outside party.
Products and Services
We reserve the right to modify the terms and conditions of our products and services, including termination or elimination of products, services, options or benefits, at any time in our discretion.
Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this Website may not be reproduced in any way. All images created by Lovechild Photo are the property of the Studio or are used with permission. By use of this Website you warrant that you have actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the studio/company in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of the Studio.
Content and Guest Images
All of the content on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively “Content”), and the Guest Images are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Businesses or by third parties who have licensed materials to them or one of their subsidiaries. The entire Content and materials of the Website are copyrighted as a collective work under U.S. copyright laws.
Except as otherwise provided in these Terms or in a written agreement from Lovechild Photo, the Content, Guest Images and the Website as a whole, are intended solely for personal, noncommercial use by the users of our Website. You may download, print and store selected portions of the Content and view, share, create and order portraits and products from us provided you (1) only use these copies of the Content and the Guest Images for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Except as otherwise specifically provided in these Terms, no right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Businesses reserve complete title and full intellectual property rights in any Content and Guest Images you download from this Website.
Except as otherwise specifically provided in these Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works, sell, re-sell or exploit the Content or Guest Images without first obtaining written permission from Lovechild Photo.
These Terms may change
We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product or service description, pricing and availability. We apologize for any inconvenience this may cause you.
Limitation of Liability
BY USE OF THIS WEBSITE YOU RELEASE LOVECHILD PHOTO, ITS EMPLOYEES AND AGENTS FORM ALL CLAIMS, DAMAGES, AND LIABILITIES THAT MAY RESULT FROM ACCIDENTS OR INCIDENTS THAT OCCUR DURING THE SESSION. THIS WAIVER OF LIABILITY INCLUDES WAIVER OF ANY CLAIM THAT MAY RESULT OUT OF NEGLIGENCE.
UNDER NO CIRCUMSTANCES, WILL THE COMPANY OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR LOSS OF MATERIALS, INCLUDING WITHOUT LIMITATION GUEST IMAGES.
IF THE STUDIO/COMPANY CANNOT PERFORM THIS CONTRACT DUE TO FIRE OR OTHER CASUALTY, STRIKE, ACT OF GOD, OR OTHER CAUSE BEYOND THEIR CONTROL, OR DUE TO ILLNESS OR EMERGENCY, THEN THE STUDIO/COMPANY SHALL RETURN ANY DEPOSIT OR SESSION FEE BUT SHALL HAVE NO FURTHER LIABILITY.
THIS LIMITATION ON LIABILITY SHALL ALSO APPLY IN THE EVENT THAT PHOTOGRAPHIC MATERIALS ARE DAMAGED IN PROCESSING, LOST THROUGH CAMERA OR MEDIA MALFUNCTION, LOST IN THE MAIL, OR OTHERWISE LOST OR DAMAGED WITHOUT FAULT ON THE PART OF LOVECHILD PHOTO. IN THE EVENT THE COMPANY FAILS TO PERFORM FOR ANY OTHER REASON, THE COMPANY SHALL NOT BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE RETAIL VALUE OF THE SESSION OR PRODUCT ORDER.
Enforcement of Terms and Conditions
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250).