TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, TY PIERCE and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and digitally share pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
TY PIERCE is a commercial photographer and does not guarantee work, gigs, jobs, or anything of the like due to booking a session. TY PIERCE is not an agency, recruiting company, or casting company and makes no claims as such. The visibility of your image taken by TY PIERCE is solely based on how and where you share it.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without TY PIERCE’s express written consent.
Access to certain areas of this website is restricted. TY PIERCE reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at TY PIERCE’s discretion.
If TY PIERCE provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
TY PIERCE may disable your user ID and password in it’s sole discretion without notice or explanation.
Image license and usage
Image usage is limited to personal use only for portfolio, social, and/or web presence unless otherwise expressly stated with written consent. Being granted a limited use license does not grant you ownership of any kind of any image. All images on this website are owned and copy-written property of TY PIERCE. Anyone using a TY PIERCE copyrighted image in any capacity other than previously stated, will be sought for recoupment of monetary damages to the full extent of the law.
Retouch purchases and usage
By purchasing a retouched image, this does not grant you ownership or copyright of any kind. TY PIERCE retains all copyright and ownership of all original work unless expressly stated with written consent and release. Purchases of retouched image(s) are non-refundable. By purchasing a retouched image, you agree to the limited-use license of the image for personal, portfolio, and social media use only. All proper tags and photographer credit must be included in each post containing a TY PIERCE image.
Discounts, coupons, and specials are limited to one (1) per person per look. In the event that a coupon is used more than once for the same person through multiple transactions for the same look, the order will not be fulfilled. The order will be fulfilled for the retouch(es) that are purchased. If there is only one retouched image in the order with a discount applied that has been previously used for the same look, the order will not be fulfilled at all. Multiple uses of a discount code or coupon for the same person for the same look may result in being blocked from this site altogether.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to TY PIERCE a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to TY PIERCE the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or TY PIERCE or a third party (in each case under any applicable law).
By submitting information through the sign-up process, you agree that you have the legal right to upload, send, transmit, and use any and all content uploaded or shared in the submission process and agree that you have the legal right to post the content publicly. This includes, but is not limited to, text, images, audio material, video material, and audio-visual material. User assumes all responsibility for any and all actions taken against TY PIERCE for any and all content that may be owned by other parties.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
TY PIERCE reserves the right to edit or remove any material submitted to this website, or stored on it’s servers, or hosted or published upon this website.
By submitting content to TY PIERCE, you understand that any and/or all content submitted to TY PIERCE will be collected and saved. The information submitted that is saved is secure and private. This information may or may not be used in future business dealings deemed suitable for TY PIERCE which includes, but is not limited to, sharing or selling a portion of, or all of, the information saved.
Notwithstanding TY PIERCE’s rights under these terms and conditions in relation to user content, TY PIERCE does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Deposit and Payments
Deposits are nonrefundable and are applied towards the balance of the session. Deposits may change in price at any time without notice. Deposits secure an existing session date and/or promotion if paid for within the promotion period. By paying the deposit you are agreeing that you already have a session date requested or confirmed, or will schedule your session date within thirty (30) days from deposit payment. You have thirty (30) days from the date of deposit payment to schedule your shoot. If you fail to schedule your shoot within thirty (30) days of paying your deposit, you forfeit your deposit and/or promotion rate.
The deposit is applied towards the balance of your session. The balance of your session is due on or before your session date, payable by cash or credit/debit card. If you fail to pay the balance in it’s entirety within fourteen (14) days after the session took place, you forfeit your right to any and all photos taken from that session and will have to book another session.
This website is provided free-of-charge and “as is” without any representations or warranties, express or implied. TY PIERCE makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, TY PIERCE does not warrant that:
● this website will be constantly available, or available at all; or
● the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical, or professional matter you should consult an appropriate professional.
Limitations of liability
TY PIERCE will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
● to the extent that the website is provided free-of-charge, for any direct loss;
● for any indirect, special or consequential loss; or
● for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if TY PIERCE has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit TY PIERCE’s liability in respect of any:
● death or personal injury caused by TY PIERCE’s negligence;
● fraud or fraudulent misrepresentation on the part of TY PIERCE; or
● matter which it would be illegal or unlawful for TY PIERCE to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that TY PIERCE has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TY PIERCE’s officers or employees in respect of any losses you suffer in connection with the website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify TY PIERCE and undertake to keep TY PIERCE indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TY PIERCE to a third party in settlement of a claim or dispute on the advice of TY PIERCE’s legal advisers) incurred or suffered by TY PIERCE arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to TY PIERCE’s other rights under these terms and conditions, if you breach these terms and conditions in any way, TY PIERCE may take such action as TY PIERCE deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
TY PIERCE may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
TY PIERCE may transfer, sub-contract or otherwise deal with it’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and TY PIERCE in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with California Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Los Angeles County.
These Terms and Conditions have been updated on April 17th, 2019.
This document was created and modified using a Contractology template available at www.contractology.com.