TERMS AND CONDITIONS
Terms and Conditions for Rocky Mountain Photography
These terms and conditions form a contract between User (hereinafter “you” or “your”) and ROCKY MOUNTAIN PHOTOGRAPHY that governs your access and use of the website and the associated applications. Please read these Terms carefully. It is a legally binding agreement between you and Company. By using our online platform, you agree to comply with all of the terms and conditions set out in this document. We may terminate your Account or block your Internet Protocol (IP) address at any time, with or without notice, for conduct that is in breach of these Terms, for conduct that we believes is harmful to our business, or for conduct where the use of the services is harmful to any other party.
The domain name https://www.rockymountainphotography.com/ (hereinafter referred to as “Website”) is owned by ROCKY MOUNTAIN PHOTOGRAPHY, a limited liability company incorporated under the laws of State of Colorado, with its registered office at 2305 S. Syracuse Way, Suite 1 Denver, Colorado, 80231 (hereinafter referred to as “we”, “us”, “our”, or “Company”).
Your use of the website, our services and tools are governed by the following terms and conditions (“Terms”). If you transact on the website, you shall be subject to the terms and policies that are applicable to the website and services for such transaction.
For the purpose of these Terms, “You” or “User” shall mean any person who has agreed to become a user on the website by providing User Information while booking appointment on the website using the computer systems.
re concerned with how their “Personal Data” is being used online by us and explains our practices for information collected via the website, how such information is used, the circumstances under which we disclose such information to third parties and the choices you can make about the way we use and share such information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. ROCKY MOUNTAIN PHOTOGRAPHY is the data controller of the personal data collected, and is responsible for the processing of your personal data.
For Colorado Users: As per Colorado Privacy Act (“CPA”) – Definitions:
“Consent” means a clear, affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement, such as by a written statement, including by electronic means, or other clear, affirmative action by which the consumer signifies agreement to the processing of personal data.
“Controller” means a person that, alone or jointly with others, determines the purposes for and means of processing personal data.
“Personal Data” means information that is linked or reasonably linkable to an identified or identifiable individual; and does not include de-identified data or publicly available
information. as used in Colorado Privacy Act sub-section (17)(b), “publicly available information” means information that is lawfully made available from federal, state, or local government records and information that a controller has a reasonable basis to believe the consumer has lawfully made available to the general public.
“Process” or “Processing” means the collection, use, sale, storage, disclosure, analysis, deletion, or modification of personal data and includes the actions of a controller directing a processor to process personal data.
“Processor” means a person that processes personal data on behalf of a controller.
“Profiling” means any form of automated processing of personal data to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
“Targeted advertising” means displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer’s activities across nonaffiliated websites, applications, or online services to predict consumer preferences or interests; and does not include: (i) advertising to a consumer in response to the consumer’s request for information or feedback; (ii) advertisements based on activities within a controller’s own websites or online applications; (iii) advertisements based on the context of a consumer’s current search query, visit to a website, or online application; or processing personal data solely for measuring or reporting advertising performance, reach, or frequency.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. BY CLICKING “I AGREE” TO THESE “TERMS AND CONDITIONS” WHILE BOOKING APPOINTMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
1. ELIGIBILITY: User must be at least sixteen (16) years of age. User represents and warrants that (i) User have the right and authority to enter into this user agreement; and (ii) he/she abides all of the terms and conditions of this Agreement.
2. MINOR: If you are a minor, your parent or guardian must read and agree to this T&C. We reserve the right to terminate your use and refuse to provide you with access to the website or any services if it is brought to our notice or if it is discovered that user is under the age of 16 years.
3. UPDATES: We may change these Terms from time to time, by posting updates to our website. It is the responsibility of the user to review the terms and conditions regularly to stay informed of any changes. An update will be effective for any website use after the date of the update. If any modification is unacceptable to the user, its sole remedy shall be to discontinue browsing/transacting on the website. The user’s continued use of services will constitute binding acceptance of such modifications. The Company may provide a notice on its website to inform users of any significant changes to the terms and conditions. However, it is the user’s responsibility to check the terms and conditions periodically to ensure compliance with the most recent version. Users are advised to review the terms and conditions each time they access the Company’s services or website to stay informed of any changes that may affect their rights and obligations.
5. ELECTRONIC COMMUNICATIONS: When you visit our website, use our software or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
6. USER INFORMATION: You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your IP on the Website and refuse to provide You with access to the Website and Services.
7. WEBSITE ACCESS: We do not guarantee that your use of our website will always be available and/or uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you including without limitation for any losses incurred due to nonavailability of the website at any time or for any period including scheduled maintenance.
8. SUSPICIOUS ACTIVITIES: We may block your Internet Protocol (IP) address at any time, with or without notice for any suspicious activity that we believe is harmful to our business or any other party.
9. PAYMENT TERMS: The Company’s standard policy requires full payment of fees to be received before the delivery of any final media, unless otherwise specified in a separate written agreement. By engaging the Company’s services, users or clients acknowledge and agree to this payment terms (including section 10, 11, 12 and 13). For certain smaller shoots, such as portraits, real estate, and drone photography services, the Company commonly requests a 25-50% deposit or payment in full to be received before the production of the services. Clients are responsible for reviewing and understanding the pricing and payment terms outlined in their service agreement or any applicable written agreement. It is advisable to communicate with the Company directly regarding any questions or concerns related to pricing and payment terms.
10. COLLECTION OF PAYMENT AND TAXES: We will collect our fees through our payment processing partners (like Stripe or Quickbooks). You will be responsible for all taxes associated with the services. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers in order to utilize such Services. We have no responsibility for or control over the information collected by third party service provider and we cannot be responsible for the protection and privacy of any information which you may provide to such third party service provider. All Booking Fees are non-refundable except as agreed according to section 11. All prices displayed under our website or required to be paid are stated and payable in US Dollars. All purchases made through our website are subject to payment processing fee(s).
11. REFUNDS: Refunds may be granted in specific situations as determined by the Company. Clients may request a refund of payments made, subject to the Company’s evaluation and discretion. Any refund requests should be made in accordance with the terms and conditions specified in the service agreement or any applicable written agreement.
12. LATE FEES: In cases where payment is overdue beyond the specified payment terms, the Company retains the right to process a late fee of 5-10% of the outstanding balance, depending on the extent of the delay. The Company reserves the right to pursue any available legal remedies to collect overdue payments, including but not limited to the engagement of collection agencies or pursuing legal action.
13. CHARGE-BACKS: You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to you purchased services. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase our services from the website.
14. DISCOUNTS, OFFERS & PROMOTIONS: Any agreed discounts or special offers are offered by Company and Company reserve(s) the right to amend terms and conditions for special offers at any time and without prior notice. Any such discounts or special offers may be withdrawn by Company at its absolute discretion and decision.
15. LICENSE: Our website, application, software and other tools are protected by copyright, trade secret, and other intellectual property laws. The Company retains full copyright and ownership of all media created by us, including but not limited to photographs, videos, and drone footage, unless otherwise specified in a separate written agreement. Your use of our website and media is based on the license of Company’s Intellectual property to user. Company grants user and user hereby purchase a limited, non-transferable license to use Company’s website, software, tools, media and related services in accordance with these T&C solely for their own personal or business purposes, as agreed upon in their specific service agreement or licensing agreement. Company reserves all rights in the Intellectual Property not expressly granted to user. Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the website, software, media, tools and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Site (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services. Users agree not to distribute, transfer, sublicense, or assign their licensed media to any other businesses, websites, or parties without the prior written consent of the Company.
16. INTELLECTUAL PROPERTY: For purposes of this Agreement, “Intellectual Property” shall mean (a) methodology for the provision of Company Services; (b) media created by us, including but not limited to photographs, videos, and drone footage, unless otherwise specified in a separate written agreement; and (c) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Company hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title and interest to the Intellectual Property is owned by Company. User hereby agrees not to copy, reproduce, modify, distribute, display, or exploit any content on the Company’s website or provided by the Company without the explicit authorization in writing. The unauthorized use or reproduction of the Company’s intellectual property is strictly prohibited and may result in legal action. Further, User also agrees not to resell, lease, or transfer any services, products, or licensed media provided by the Company to any third party without the Company’s express written consent. Any unauthorized use or infringement of the Company’s intellectual property rights may result in the termination of services, legal action, and the pursuit of any available remedies under applicable laws and regulations.
17. USER’S CONTENT/DATA/REVIEW/OBLIGATIONS: Users are solely responsible for all materials including personal data (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Website (“Users’ Content”). Each User represents and warrants that he/she owns all intellectual property rights in the User’s Content and that no part of the User’s Content infringes any third-party rights. Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights on the Website, by such User or through the User’s commissions or omissions.
You acknowledge and agree for not to use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
Illegal and fraudulent transaction,
Threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
Trojan horse, worm or other disruptive or harmful software or data; and
Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.
18. USE OF WEBSITE CONTENT: The Company prohibits the unauthorized use, copying, distribution, modification, or exploitation of any content on its website without its explicit authorization in writing. Users acknowledge and agree that all content, including but not limited to text, images, graphics, logos, videos, and other materials, available on the Company’s website is protected by intellectual property rights and is the exclusive property of the Company or its content providers. Users shall not, under any circumstances, engage in any activity that infringes upon the Company’s intellectual property rights or violates applicable laws and regulations. Any unauthorized use of the website’s content may result in civil and/or criminal liabilities. The Company reserves the right to take appropriate legal action, including seeking injunctive relief and damages, against any individual or entity found to be in violation of these provisions. The Company will vigorously enforce its intellectual property rights to the fullest extent permitted by law.
19. FEEDBACK: We use feedback you provide. You acknowledge and agree that we may use feedback submitted by you or any suggestions, or ideas in any way, including in advertising or marketing materials. You grant us a perpetual, worldwide, transferable, sublicensable, fully paid-up, royalty free license to use the feedback.
20. MONITORING: We may monitor your activity. We may disclose any information necessary for our legal obligations to protect Company or its customers.
21. SUPPORT: You will receive customer support via email.
22. PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, credit card/debit card details, or any security information of other users; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run maillist, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (v) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vii) bypass any measures Company may use to prevent or restrict access to the website, software or the Services.
23. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS PARTNERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
24. ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE T&C, BY USING THE WEBSITE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS WEBSITE.
25. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY PRODUCT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
26. INDEPENDENT CONTRACTOR: Furthermore, the Company’s team in the field, who produce the content and media, are typically independent contractors. As such, the Company releases itself from any liability associated with the actions, omissions, or conduct of these independent contractors. In the event of any issues arising from theft, damage from a drone or any other legal situation involving a subcontracted independent contractor, the user understands and agrees to seek resolution through the independent contractor and their insurance coverage. The user agrees to absolve/release the Company of any liability arising from such situations.
27. INDEMNIFICATION: You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website, violation of the terms and conditions or your negligence or willful misconduct.
28. JURISDICTION AND APPLICABLE LAW: The use of the website or other related services and any agreements entered into through the website are to be governed by and construed in accordance with the laws of State of Colorado (or the related state where the media was produced from our subcontracted independent contractors) without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Denver County, Colorado for any action or proceeding arising out of or relating to these Terms and Conditions.
29. TERMINATION: The Company reserves the right to terminate or suspend a user’s access to its website and platform, in whole or in part, at any time and for any reason, without prior notice or liability. This includes situations where the Company believes that auser has violated the terms and conditions outlined in this T&C or engaged in unauthorized or prohibited activities. In the event of termination or suspension, the user’s right to access the website and platform will immediately cease. The user will be responsible for any and all damages or losses incurred as a result of the termination or suspension. Upon termination, the user’s obligations and responsibilities under the terms and conditions, including but not limited to those related to intellectual property, use of content, and indemnification, shall survive. The Company shall not be liable to the user or any third party for any termination or suspension of access to the website and platform. The consequences of termination may include the loss of access to certain features or services, deletion of user information, and the restriction of future access to the Company’s services. It is important for users to review and comply with the terms and conditions to avoid any actions or activities that may result in termination or suspension of access. Please ensure that the language provided aligns with your specific requirements and consult with a legal professional to ensure compliance with applicable laws and regulations in your jurisdiction. 30. ENTIRE AGREEMENT: These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third-Party Providers) constitute the entire agreement and understanding between you and the Company.
31. WAIVER AND SEVERABILITY: If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
32. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
ROCKY MOUNTAIN PHOTOGRAPHY
2305 S. Syracuse Way, Suite 1 Denver, Colorado, 80231
Phone: + (833)-767-4686