Terms and Conditions

1. Introduction

Welcome to darlawellsphotography.com (the “Website”). These Terms and Conditions (“Terms”) govern your use of the Website and the photography services and content provided through it. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website.

2. Definitions

For the purposes of these Terms:

– “Service” refers to all features, content, and services provided by darlawellsphotography.com, including but not limited to photography sessions, image downloads, galleries, and related products or communications.
– “User” refers to any individual or entity accessing or using the Service.
– “Content” means all text, images, graphics, videos, audio, and other materials published or made available through the Service.
– “Account” refers to a personalized profile created by a User for accessing specific features of the Website, if applicable.

3. Acceptance of Terms

By accessing or using any part of darlawellsphotography.com, you accept and agree to comply with these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

4. Changes to Terms

We reserve the right to modify or update these Terms at any time, at our sole discretion. It is your responsibility to periodically review the Terms. Continued use of the Website following the posting of any changes signifies your acceptance of those changes.

5. Use of Services

5.1 Eligibility
You must be at least 18 years of age or the age of majority in your jurisdiction to access or use the Service. By using the Service, you represent and warrant that you meet this requirement.

5.2 Account
To access certain features of the Service, you may need to create an Account. You agree to provide accurate, current, and complete information when creating an Account, and to maintain the security of your login credentials. You are responsible for all activities that occur under your Account.

5.3 Prohibited Activities
While using the Service, you agree not to:
– Violate any applicable laws or regulations;
– Infringe upon the intellectual property rights of others;
– Upload or distribute harmful, obscene, or offensive material;
– Use automated systems (such as bots or scrapers) to access the Website;
– Interfere with the functionality or security of the Website;
– Impersonate any person or misrepresent your affiliation with an entity.

6. Intellectual Property

All content and materials available on darlawellsphotography.com, including but not limited to text, photos, logos, graphics, and software, are the intellectual property of Darla Wells Photography or its licensors and are protected by copyright, trademark, and other applicable laws. You may not use, reproduce, or distribute any content from the Website without express written permission.

7. User-Generated Content

If you submit or upload any content to the Website, including photos, comments, or other materials (“User Content”), you grant darlawellsphotography.com a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such User Content in connection with the operation of the Website and provision of the Service. By uploading User Content, you represent and warrant that you have the necessary rights to grant this license.

8. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. Please review the Privacy Policy available on our Website.

9. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by darlawellsphotography.com. We are not responsible for the content, practices, or privacy policies of these third parties. Access and use of third-party websites is at your own risk.

10. Disclaimers and Liability

The Website and Service are provided “as is” and “as available,” without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure. To the fullest extent permitted by law, darlawellsphotography.com disclaims all warranties and is not liable for any damages resulting from your use of or inability to use the Website or Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless darlawellsphotography.com, its affiliates, owners, employees, and agents from and against any and all claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any rights of a third party.

12. Termination

We reserve the right to suspend or terminate your access to the Service at our sole discretion, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which darlawellsphotography.com is operated, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction.

14. Miscellaneous

14.1 Entire Agreement
These Terms constitute the entire agreement between you and darlawellsphotography.com with respect to the use of the Service and supersede any prior agreements, understandings, or representations.

14.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Contact Info

For questions about these Terms, contact us at [email protected].