Take a few minutes to review these Terms and Conditions (“Terms”). Your use of www.modaportraiture.com (“Website”) and all the services of Moda Portraiture (“Photographers”) and Bubble Wrap Studio LLC ("Studio") constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the Website. We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website.
By use of this Website and booking a portrait session with the Photographers you hereby consent that the photographs taken may be used by the Studio, for the purpose of display, advertising, portfolio, website, or publication to promote the Studio. You also agree that the images can be used without compensation to you and/or the minor being photographed. You hereby warrant that you are a legal competent adult and a parent or legal guardian of the minor, and that you have the right to contract for the minor in the above regard.
The retainer paid to book your photo session is non-refundable. If you are unable to attend your scheduled photo session, another retainer must be placed to reschedule to a different date. By attending a session, the Client agrees to our terms, has read our FAQS and understands how Photographers' photo session works.
All photographs will be taken at the photographer’s discretion. Photographers will not be responsible for any event which may result in a shorter time period spent photographing. These include, but are not limited to: You and/or your family members running late, illness, weather, or acts of God. Your photo session is for a specific date and time frame; therefore, if you are late for any reason, Photographers cannot guarantee the full session time or number of final images.
Photographers cannot guarantee delivery of any specific image or amount of images.
You agree to cooperate and communicate with Photographers for the best possible result within the definition of this assignment. Photographers will not be held responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Images on this Website are published in a low resolution format for uploading speed and viewing. High resolution digital images and professional quality prints are available for purchase.
Permitted Use of Images
All photos are copyright protected and owned by the Studio. If Client purchases High Resolution digital files, Studio recognizes and agrees that the client may reproduce the images created hereunder for personal, non commercial use. Images may not be used for any commercial purpose without Studio's written approval. Use of images on a business card, resume, Facebook, LinkedIn, or other personal social networking page is permissible and not considered a commercial use. Using an image to create goods or services from the image for resale is a commercial use and prohibited.
No items may be included with or forwarded to any person or entity with unlawful intent or consent. Use must comply with the laws of the United States.
Except as otherwise specifically provided in these Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works, sell, re-sell or exploit the images without first obtaining written permission from Studio.
By providing your email address, you may receive special offers and notifications of upcoming events and deals. You may unsubscribe at any time by clicking “Unsubscribe” at the bottom of any email sent. To ensure you receive these offers and reminders, check your spam filters to allow delivery. The Studio does not send spam or give your information to any outside party.
Products and Services
We reserve the right to modify the terms and conditions of our products and services, including termination or elimination of products, services, options or benefits, at any time in our discretion.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product or service description, pricing and availability. We apologize for any inconvenience this may cause you.
Limitation of Liability
BY USE OF THIS WEBSITE YOU RELEASE MODA PORTRAITURE AND BUBBLE WRAP STUDIO, ITS EMPLOYEES AND AGENTS FROM ALL CLAIMS, DAMAGES, AND LIABILITIES THAT MAY RESULT FROM ACCIDENTS OR INCIDENTS THAT OCCUR DURING THE SESSION. THIS WAIVER OF LIABILITY INCLUDES WAIVER OF ANY CLAIM THAT MAY RESULT OUT OF NEGLIGENCE.
UNDER NO CIRCUMSTANCES, WILL THE COMPANY OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE STUDIO, OR LOSS OF MATERIALS.
IF THE PHOTOGRAPHERS CANNOT PERFORM THIS CONTRACT DUE TO FIRE OR OTHER CASUALTY, STRIKE, ACT OF GOD, OR OTHER CAUSE BEYOND THEIR CONTROL, OR DUE TO ILLNESS OR EMERGENCY, THEN THE PHOTOGRAPHERS SHALL RETURN ANY RETAINER OR SESSION FEE BUT SHALL HAVE NO FURTHER LIABILITY.
THIS LIMITATION ON LIABILITY SHALL ALSO APPLY IN THE EVENT THAT PHOTOGRAPHIC MATERIALS ARE DAMAGED IN PROCESSING, LOST THROUGH CAMERA OR MEDIA MALFUNCTION, LOST IN THE MAIL, OR OTHERWISE LOST OR DAMAGED WITHOUT FAULT ON THE PART OF STUDIO. IN THE EVENT THE STUDIO FAILS TO PERFORM FOR ANY OTHER REASON, THE STUDIO SHALL NOT BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE RETAIL VALUE OF THE SESSION OR PRODUCT ORDER.
Enforcement of Terms and Conditions
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200).
The Website is operated, and all images taken by the Photographers are owned, by Bubble Wrap Studio LLC.