Terms & Conditions

Last Updated on: July 10, 2023

Thank you for shopping at Joni Girvan Photography + Design. The terms “we”, “us”, “our” and “Company” refers to its owner and operator, Joni Girvan Photography + Design. This Terms of Use (“Agreement”) governs your use of and access to our website www.jonigirvanphotography.com, www.shop.jonigirvanphotography.com and www.jonigirvanphotography.pixieset.com, associated website(s) and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products. The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, classes, live posts and the like, whether purchased or not.

PLEASE CAREFULLY READ THE AGREEMENT IN ITS ENTIRETY PRIOR TO VIEWING AND/OR USING THIS SITE. IF YOU ACCESS OR USE ANY PART OF THIS SITE, YOU AGREE TO BE BOUND TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS SITE.

We provide this Site and our Content subject to your compliance with the mandatory terms set forth below. Please understand that we may, in our sole discretion, revise or update the Agreement by posting an amended page on the Site. Any changes will take effect immediately and your use of the Site following the posting of the amended “Terms of Use” page constitutes your acceptance of the same.

Should you have any questions or concerns regarding the Agreement, please contact us at: joni@jonigirvanphotography.com

GENERAL PROVISIONS

For Educational and Informational Purposes Only. The Content on this Site is for general educational and informational purposes only. Any information or advice contained on this Site or in our Content is not a substitute for personalized advice to you and shall not be understood or construed as religious, medical, legal, financial, tax, health or other expert or professional advice, including without limitation a doctor, certified public accountant, tax specialist, registered/accredited financial adviser or attorney. Use your best judgment and due diligence before implementing any information suggested or recommended on this Site or Content.

Assumption of Risk. You use this Site at your own risk. Your use of our Site and Content is solely voluntary, and you accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site or Content, including any actions you choose to make, or not make, as a result of using our Site and Content. You should consult with a professional for any and all individual questions or concerns.

Errors & Omissions. The Site may contain typographical errors or inaccuracies, and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site.

Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.

Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.

Limitation of Liability. IN NO EVENT SHALL JONI GIRVAN PHOTOGRAPHY + DESIGN, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE OR CONTENT. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE AND CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION OR CLAIMED HARM/DAMAGES WITH THE SITE OR CONTENT IS TO STOP USING THIS SITE OR CONTENT.

Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and Joni Girvan Photography + Design specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties from our Site or Content shall create a warranty not expressly stated in this Agreement.

We also reserve the right to modify or discontinue, either temporarily or permanently, the Site, and Content, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site or Content without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the Site or Content.

Indemnification. You agree to defend, indemnify, and hold harmless Joni Girvan Photography + Design, its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site; your violations of this Agreement; your improper or unauthorized use of our Site or Content; any claims or allegations that you transmit through or in connection with our Site or Content that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site or Content.

In addition, should you purchase a product or service from us and fail to make payment, you will owe the total amount of outstanding payments with interest and any collection fees/costs, including but not limited to attorney’s fees and costs.

Termination. We reserve the right, in our sole discretion, to immediately terminate your use of or access to our Site or Content and revoke your limited license for any reason. It is within our sole discretion to allow you to use or access our Site or Content. We may revoke your use or access to our Site without notice to you.

Choice of Law, Jurisdiction and Venue. Unless otherwise specified, the Site and Content are provided by Joni Girvan Photography + Design and are controlled and operated by Joni Girvan from her Washington location. Thus, any disputes arising out of or related to this Agreement, including our Site and Content, shall be resolved exclusively byWashington’s state or federal courts, apply Washington law, regardless of principles or conflicts of law.

Further, any disputes arising out of or related to this Agreement, including without limitation our Site and Content, shall be brought within the State of Washington, County of Snohomish, City of Everett, Snohomish County Courthouse. By using our Site and Content, you waive any jurisdictional, venue or inconvenient forum objections to any court for the purpose of resolving any disputes.

Entire Agreement. The Agreement, which includes this Terms & Conditions and our Privacy Policy constitutes the entire agreement between us and you as it relates to your use and access to our Site and Content.

Fair Use Notice. The trademarks, copyrighted material, logos, photos taken by us, and any designs on the Site specific to Joni Girvan Photography + Design are owned by us. It is strictly prohibited to use any of our copyright material, trademarks, or designs without our express written consent. Other copyrighted material, works, photos, trademarks, and trade names used on the Site are the property of the copyright owner. All rights reserved. The appearance of which does not imply any connection to, license from, approval of, or relationship of any kind with said third-party.

All photos, memes, gifs and the like, which were not created by us, have either been purchased, licensed, credited, linked to its original source or were obtained from the public domain. Any copyright Content from third-parties is believed to constitute fair use in accordance with Title 17, Section 107 of the U.S. Copyright Act, et seq. If you desire to use any copyrighted material from this Site for your own purposes, which does not constitute fair use, you must obtain permission from the copyright owner.

Views Expressed Disclaimer. Any views or opinions expressed on this Site or in our Content are personal and solely belong to the author and do not represent the views or opinions of other persons, institutions or organizations that the author may or may not be associated with, unless expressly stated.

Testimonial Disclaimer. Our Site may contain testimonials by users of our Site or Content. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.

Earnings Disclaimer. Any earnings or income/financial claims or examples shown on our Site or Content are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site or Content or our affiliate program. We make no guarantees that you will earn any money using any of our Content and your income or earnings are solely dependent on your actions or non-actions.

Feedback/Reviews. Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to our Privacy Policy. We own such communication from you and any such communication displayed on our Site or Content, including without limitation social media posts and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.

LICENSE TO USE

We grant you a limited, non-assignable, non-exclusive license to access and use the Site and Content subject to this Agreement. Any violation of the terms set forth in the Agreement is cause for immediate termination of this limited license and may result in legal action.

RULES OF CONDUCT

You agree to adhere to all relevant laws, rules and regulations in accessing or using the Site or Content. You agree to not access or use this Site for any unlawful purpose.

You may not modify, reverse engineer, frame, mirror, or adapt any portion of the Site or Content. You may not interfere with the Site’s operations or make connection to the Site inoperable or transmit any viruses, worms, or harmful code.

You may not use the Site or Content in a manner that is hurtful, harmful, abusive, harassing or offensive to others.

You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.

You may not violate the Site’s user’s rights to privacy or collect our user’s personal or non-personal information used or collected by us, without our express consent. You may not license, sell, resell, transfer or exploit your use or access to the Site or Content, including without limitation sharing your login credentials with others

INTELLECTUAL PROPERTY NOTICE

This Site and our Content are protected by the copyright laws of the United States of America (“U.S.”). You understand that Joni Girvan Photography + Design owns the Site and Content, which is our intellectual property.

You may download and print certain Content from our Site for your own personal and non-commercial purposes, but you may not copy or use our Content for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site or Content without our express written consent.

We may investigate any alleged violations of this Agreement and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.

If you believe that our Site and Content infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Content infringes on your copyright.

Sharing Personal Photo Content: If you wish to share our Site or or personal photos that you have purchased, please make sure you provide a Site or Content credit, such as our name and either our social media handle, @jonigirvanphotography.com, or a direct link to our Site or Content, or both.

Sharing Our Proprietary Content: You may not post, distribute or reproduce any materials or Content from our Site or other proprietary information without our written consent. Please contact us with any requests at the email address below.

AGE REQUIREMENTS

Our Site and Content is not directed to persons under 13 years of age. In fact, you must be at least 18 years of age or older to gain access to our Site and Content. This Site and Content are solely directed to persons who are at least 18 years of age and older. If you are under 18 years of age, please stop and do not use, view, purchase or otherwise browse this Site or Content.

Should we discover that a person under 13 years of age has provided their personal information to us, we will delete their personal information as governed by the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

SALE OF BUSINESS OR ASSETS

In the event that the Company or substantially all of its assets are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, reorganization, or restructuring, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.

INCORPORATION OF PRIVACY POLICY

We use your personal and non-personal information as set forth in the Privacy Policy, which is incorporated herein as terms of this Agreement.

TERMS OF PURCHASE

DIGITAL & PHYSICAL PRODUCT POLICIES

By purchasing our digital products, you are granted one revocable, limited, non-assignable, non-exclusive license to the digital product you purchased.

You are not permitted to share your digital product with anyone. You may use the products for personal use only. You may not use the products for resale or any other distribution. Any use of the content that is not a permitted use is considered an infringement of copyright.

If you violate this Agreement, such as giving or selling a copy of the digital product to others, including without limitation providing the unauthorized access to the digital product via your account, you agree to pay for the license of the digital product you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our digital product, temporarily or permanently.

All purchases of our digital and physical products are non-refundable upon purchase due to the immediate delivery of and access to the digital product.

All purchases of our digital products are non-refundable upon purchase due to the immediate delivery of and access to the digital product.

REFUND POLICY

No refunds will be issued under any circumstances due to the downloadable nature of our products and services. For more details, please refer to our Terms of Purchase provided at checkout.

We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of products and/or services; errors in the product/service description or price; errors in your order; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.

We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.

PURCHASE POLICY

We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of products and/or services; errors in the product/service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.

We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.

PAYMENT TERMS

If you pay for a digital product, and/or our other physical products and services by credit or debit card, you authorize and provide permission for Joni Girvan Photography + Design to charge your credit or debit card in the amount owed for payment of the digital product(s) and/or services.

You expressly agree that you will not under any circumstances threaten to or actually issue any chargebacks to us or on your selected form of payment for any reasons whatsoever as it relates to your purchase of our digital product or services. If you do, we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. In the event that occurs, we shall be entitled to reimbursement of all attorney's fees and associated costs.

When you purchase a digital product(s) and/or services, your personal information (i.e. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.

MAXIMUM DAMAGES

The sole remedy for any actions or claims by you against us and or representatives/agents shall be limited to and shall not exceed $100.00.

FUTURE UPDATES/PROMOTIONS

We will periodically update our digital product(s) to stay current. You will be provided with these revisions and/or updates and/or edits at no additional charge. You will have "lifetime" access for the life of our business.

Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you.

MARKETING RELEASE

You agree that we may lawfully use and/or share your reviews, social media content, posts, comments, messages and the like, including without limitation any emails or messages sent from you to us by any means, to promote and/or market our digital product(s) and company.

If the content is public, we will use the entire content without your permission. If the content is private, however, we will only use your first name and will not need your written permission and/or consent to do so.