Revision Date: August 15, 2020
Terms, Conditions and Privacy
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This is a summary of our Terms of Service; please read the entire Terms of Service below.
www.sarahkaylove.com (the “Site”) is owned and operated by Sarah Love Photograph, LLC (“we”, “our”, or “us”). The Site functions as a platform to display a variety of Services including branding, marketing, and social media strategy provided by Sarah. The Site also contains third-party shopping links. The customers can contact Sarah to purchase these Services for their businesses.
These Terms apply to your use of the Site. Please read the full Terms of Service below before accessing or browsing www.sarahkaylove.com. If you don’t want to be bound by these Terms, do not use or browse our website. These Terms may change and your continued use after changes are made means you agree to be bound by the new terms.
Users who violate our Terms of Service may be banned from using the Site. The Site contains proprietary and confidential information that is protected by a variety of copyright, trademark, or patent rights and/or registrations.
Your use of the Site is at your own risk. We make every effort to make sure you have a good experience on our Site, but we can’t guarantee all content on our Site will always function without error. We make every effort to comply with local, state, and national laws and regulations, including applicable privacy laws. However, we can’t guarantee that your use of our Site complies with local, state, and national laws and regulations.
THE FULL TERMS OF SERVICE – BELOW – CONTAIN VITALLY IMPORTANT LIMITATIONS ON OUR LIABILITY FOR YOUR USE OF WWW.SARAHKAYLOVE.COM. PLEASE READ THEM CAREFULLY!
Sarah Love Photography, LLC
Terms of Service
These terms of service are entered into by and between You and Sarah Love Photography, LLC (“Sarah” or “Company”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of sarahkaylove.com, including any related content, functionality, and services, including interfacing with outside vendors offered on or through sarahkaylove.com (the “Website”). The Website provides a description of Services, a portfolio of Sarah’s work, and an opportunity to request the Services provided by Sarah.
• Acceptance of Terms of Service.
Please read the Terms of Service carefully before you start to use the Website. By (i) accessing, browsing, subscribing to, and using the Website, you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Website or any of the Services.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY SUBSCRIPTION, PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
• Changes to the Terms of Service.
If we make subsequent material changes to the Terms of Service, the web-based updates can be tracked by the updated date displayed on the webpage. Sarah reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service on this website.
• Permitted Uses and Restrictions on Use.
You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications. You agree, understand and acknowledge that, in no event, will you allow any unauthorized users to access the Website using your contact information. Sarah is not responsible for breaches of confidentiality caused by you or anyone accessing the Website using your contact information, whether authorized by you or not.
You agree to not use the Website to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Sarah Love Photography representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Website; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to Website; or (j) incite or provide instructional information about illegal activities.
• Payment of Fees.
Sarah offers a variety of Services featured on the Website which you can purchase through communication with Sarah. Sarah reserves the right to collect payments on and off the Website. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your service and require you to pay the overdue amount by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
• Modifications to the Service or Agreements and Termination.
Sarah reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. You agree that Sarah will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Sarah may specify from time to time the version(s) of web browsers required in order to use the Website, and you acknowledge that Sarah is not obligated to support all web browsers and Sarah is not obligated to continue support of any web browsers it supported at an earlier time.
You acknowledge and agree that Sarah may, in our sole discretion deny you access to or use of all or part of the Website, without prior notice, for any reason. You can be denied if you engage in any conduct that Sarah believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Sarah or our partners; or (c) is otherwise inappropriate for continued access and use of the Website. In addition, Sarah reserves the right to terminate inactive accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Further, you agree that Sarah will not be liable to you or any third party for any termination of your access to the Website. You agree to defend, indemnify, and hold Sarah harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Website.
• Sarah Love Photography’s Proprietary Rights.
You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
• No Resale, etc. of the Service.
You agree not to copy, sell, resell, rent, or sublicense (including offering the Website to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Website, allow unauthorized use or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by Sarah for use in accessing the Website.
• Your Representations and Warranties.
You represent that, to the best of your knowledge and belief, your use of the Website does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Website. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
• Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, THE WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. SARAH AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. SARAH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEBSITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. SARAH IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN THE WEBSITE. SARAH DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SARAH OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
• Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SARAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU ALSO AGREE THAT SARAH WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS WEBSITE OR THE SITE(S) YOU ACCESS THROUGH THE WEBSITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND SARAH’S REASONABLE CONTROL.
IN NO EVENT WILL SARAH BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• General Information.
The Terms of Service constitutes the entire agreement between you and Sarah and governs your use of the Website, superseding any prior agreements between you and Sarah (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Sarah services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service will be governed by the laws of the state of Arizona without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Sarah agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The Terms of Service does not limit any rights that Sarah may have under trade secret, copyright, patent, trademark, or other laws. The failure of Sarah to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service will remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Sarah and its successors and assigns.
© 2020 Sarah Love Photography, LLC. All rights reserved. No portion of this Website may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Sarah.
This privacy statement (“Privacy Statement”) lets you know how we protect your data. Thank you for visiting www.sarahkaylove.com, our website ("Site"). Sarah Love Photography, LLC, a Delaware limited liability company ("we," "our," "us") provides Services (as defined in our Terms) to users throughout the United States. We deliver our Services through the Site.
Each customer (“Customer”) will use the Site to review the available Services, explore our portfolio, and contact us to inquire further. We collect PII. “PII” means personally identifiable information that can identify you, such as your name, email address, or phone number, from the data that Customers provide.
We may update this Privacy Statement. If we do, we will post a new Privacy Statement on our Site and will change the date at the top of the
Please review the Privacy Statement regularly as it is posted on our Site.
Privacy Commitment. We care about your privacy. We limit access to your information and train our employees to uphold privacy and data security laws. We protect your information using typical, reasonable security measures to guard against unauthorized access, release or use.
1. What information do we collect from Visitors to our Site?
You may visit our Site and not use our Services. We track visitor information, such as total number of visits to our Site, number of visits to each page of our Site, browser type. We study this data for trends and statistics and to analyze and measure the effectiveness of our Site.
2.What information do we collect from Customers?
If you are a Customer, we collect and use your information and content you add to our Services to provide and improve the Services you signed up for under the applicable agreement. Specifically, we collect the following categories of information from Customers:
- PII (e.g., name, address, email address)
- Credit card and bank account numbers
- Site Activity (e.g., keystrokes, activity pattern, browsing history, consumer interaction)
This information is collected directly from the Site. When the Customer contacts us, we request personal identifiers.
We may use Customer information to provide custom marketing, branding, and/or social media strategy to businesses.
3. How do we collect and use your information?
We only collect the information we need to provide the Services. We use Google Analytics to review page visit data. We also collect PII. “PII” means personally identifiable information that can identify you, such as your name, email address, or phone number.
Services: To receive Services provided by us, you must provide PII.
Marketing: We send marketing notifications to Customers. These emails are sent through Flo Desk and Mail Chimp, a third-party service. Customers have the right to opt-out of marketing communications we send at any time. You can do this by clicking the “unsubscribe” link in the marketing e-mails we sent you. Please note that such marketing opt-out does not impact any transaction or operation notices that we may need to send you.
4.Why do we process your PII?
Our legal purposes for collecting and using your information include:
Identification and account administration: Your PII will be used to analyze account trends and manage and administrate your account.
Quality management and customer care: We process information to improve the quality of our Services. This information is also used to deliver custom Services.
Law and harm: We may process PII as needed to comply with legal obligations, conduct security, and to defend and prosecute legal claims.
We collect your PII if (i) we have your consent to do so, (ii) we need the information to perform a contract with you, or (iii) the processing is in our legitimate business interests. We may have a legal obligation to collect PII from you. If you have questions concerning the legal basis for how we collect and use your personal information, please contact us at firstname.lastname@example.org.
5. Why do we process your PII?
6. When do we destroy and delete your information?
We store Customer data indefinitely. Any questions regarding data storage, recovery, and deletion should be directed to: email@example.com
7. How do we protect the rights of minors?
We do not have specific Services for minors. Our Services are intended for adults, age 18 and over. Children age 13 and younger should not use the Site. If you use our Services, you are telling us that you are age 18 and over.
If we learn that we collected personal information from an individual ineligible to access or use the Services, we will remove that information. Please contact us if you think we have any ineligible user information: firstname.lastname@example.org.
8. When can we disclose your personal information?
To the extent we have your PII, We may disclose it in the following circumstances:
Law and Harm: We may disclose your information if we believe that it is needed to comply with a law, regulation or legal request; to protect a person; to address fraud, security, or technical issues; or to protect Sarah Love Photography's rights or property.
Business Transfers: If we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Statement applies to your information as transferred to the new entity.
9. What special considerations are there for California users?
We do not provide your PII to any third parties for direct marketing purposes as defined in California Civil Code Section § 1798.83. Please contact us at email@example.com for any questions regarding your PII.
You have specific rights under the California Consumer Privacy Act including:
Right to Deletion: Consumers have the right to delete, correct, or update to the personal information that you collect. The customer must be verified by us prior to deletion.
Right to Request Disclosure of Information Collected: The consumer can, through a request, know the specific information we have collected. We must verify the consumer before giving out any information.
Right to Disclosure of Information Sold: We do not sell your PII to any third party.
Right to Non-Discrimination: Consumers will not be discriminated against if they exercise any of their rights under the CCPA.
10. What special considerations are there for users outside of the United States?
General: By using the Services you acknowledge and agree that: (i) we will process your information as described in this Privacy Statement; and (ii) you consent to us transferring your information to us and our facilities in the United States or elsewhere, including those of third parties as described in this Privacy Statement.
European Economic Area (EEA) or Switzerland: If you are based in the EEA or Switzerland, you acknowledge and agree that we may transfer your information (including personal information) to us and our facilities in the United States or elsewhere, including those of third parties as described in this Privacy Statement.
11. What other information do users in the European Economic Area (EEA) or Switzerland need to know?
If you are based in the EEA or Switzerland you have other rights:
Right to Delete Data: You may request that we delete your personal information. Please note that in some cases we cannot delete your personal information except by also deleting your user account.
Right to Change or Correct Data: You can also ask us to change, update, or fix your data in certain cases, particularly if it’s inaccurate.
Right to Object to, or Limit or Restrict, Use of Data: You may request that we do not use your personal information, but keep in mind that this will terminate our ability to provide any Service(s) to you.
Right to Access and/or Take Your Data: You can ask us for a copy of your personal information.
You may send us an email at firstname.lastname@example.org to request access to, obtain copies of, correct, or delete any personal information that you have provided to us. Your email message must include (i) your identifying information (including your IP address, if applicable), (ii) your contact information, and (iii) information about the specific changes, deletions, or other action(s) you are requesting. We require this information so we can determine which information in our control is your personal information and complete the actions you requested. We may not accommodate a request to delete or change information if we believe the deletion would violate any law or legal requirement.