TERMS AND CONDITIONS
1. Introduction
1.1. These are the terms and conditions of service (“Terms”) which govern the use of the website uptoyouphotography.com and related services (as defined below) owned, operated or provided by Up To You Photography (“Up To You”, “Up To You Photography”) (the “Service”).
Please read the Terms carefully before using the Service. Your use of the Service is conditional on you complying with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
1.2. Please note:
(a) Where you visit, register and/or subscribe to the Services, these Terms will be governed by the laws of British Columbia and will operate as between Up To You Photography and you, to the maximum extent permissible under the law of the territory that you are located in.
2. Definitions
2.1. “You/Your” means (as appropriate) the Visitor, Registered User and/or Subscriber accessing the Service.
2.2. “Intellectual Property” means copyright, trademarks, database rights and/or any other intellectual property rights as recognized in any jurisdiction.
2.3. "Services" means provision by Up To You of access to the domain http://www.uptoyouphotography.com (the “Website”) and other associated programs including, without limitation, the point of sale system, email list and customer database (the “Programs”) (the “Website” and the “Programs” are collectively referred to herein as the “Site”)
2.4 “Content” means all material, data, articles, information and products available on the Up To You Website or provided as part of the Service.
3. Intellectual Property
3.1. All rights in and to the Services including all original content will remain the exclusive property of Up To You Photography and its licensors.
3.2. The Services and all contents thereto are the original work of Up To You and are protected by copyright, trademark and other laws of both Canada and foreign countries. The trademarks and trade address may not be used in connection with any product or service without the prior written consent of Up To You Photography.
3.3. You may use the Service solely for your personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Up To You Photography products or the Services for any commercial purposes, whether direct or indirect, in any manner that might compete with this business.
3.4. Save for where provided otherwise in these Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Up To You property or Services to anyone without express prior written permission, is not authorized and may be a violation of national copyright laws.
3.5. Any request for permission to republish, reprint or use any articles from any of the Service or trade marks for any purpose other than those permitted under this Clause 3 should be sent to ccgormley@hotmail.com
3.6. When reposting Up To You content on Instagram for promotion purposes, credit Up To You by tagging and crediting @Uptoyouphotography.
3.7. For the avoidance of doubt, where the provisions of any applicable law prohibit the extent to which certain activities can be restricted under this Clause 3, any such restrictions shall apply to the fullest extent permitted in accordance with such law.
4. Links to Other Websites
4.1. This Service may contain links to third-party websites or services that are not owned or controlled by Up To You.
4.2. Up To You Photography has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
4.3. You further acknowledge and agree that Up To You shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through such websites or services.
4.4. We strongly advise that the terms and conditions and privacy policies of any third-party websites or services are carefully read prior to the user visiting.
5. Termination
5.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.
5.2. All provisions of the Terms, which by their nature should survive termination, shall survive termination including, without limitation, ownership provisions warranty disclaimers, indemnity and limitations of liability.
5.3. We may terminate or suspend Service immediately, without prior notice or liability, for any reason whatsoever if you breach the Terms.
5.4. Upon termination, your right to use the Service will immediately cease.
5.5. You agree to defend, indemnify and hold harmless Up To You Photography and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liability, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
(a) your use and access of the Service; and/or
(b) a breach of these Terms.
6. Limitation of Liability
6.1. In no event shall Up To You, nor its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:
(a) your access to or use of, or inability to access or use the Service;
(b) any conduct or content of any third-party on the Service;
(c) any content obtained from the Service; and
(d) unauthorized access, use or alteration of your transmissions or content, whether based on warrant, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Warranty Disclaimer
7.1. Your use of the Service is at your sole risk.
7.2. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
7.3. The Service is provided without warranties of any kind, whether express or implied, including but not limited to:
(a) implied warranties of merchantability;
(b) fitness for a particular purpose;
(c) non-infringement; or
(d) course of performance.
8. Indemnity
8.1. You agree to indemnify and hold Up To You, its Representatives, licensors, and sub-contractors harmless against all costs, claims, damages, liability and expenses (including any professional fees) which might incur by reason of a breach by you of these Terms.
9. Changes to These Terms
9.1. We may make amendments to the provisions of these Terms from time to time. Any amended Terms will be notified to you by being posted on the Up To You Website. Amendments will come into effect immediately on the amended Terms being posted on the website and you will be deemed to have accepted them if you access the website after that time. If you do not wish to accept them, you must cancel these Terms as described above.
9.2. What constitutes a material change will be determined at our sole discretion.
9.3. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
10. Exclusions
10.1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
11. Governing Law
11.1. These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.3. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11.4. These Terms constitute the entire agreement between us with respect to your access and use of the Service, and supersede and replace all prior agreements, negotiations and discussions Up To You might have between us relating to the same.
12. Contact Us
12.1. If you have any questions about these Terms, please contact ccgormley@hotmail.com
PRIVACY POLICY
Last updated: June 1, 2023
Up To You Photography (“Up To You”, “Up To You Photography”) (“us”, “we”, or “our”) operates http://www.uptoyouphotography.com (the “Website”) and other associated programs including, without limitation, the point of sale system, email list and customer database (the “Programs”) (the “Website” and the “Programs” are collectively referred to herein as the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. This Privacy Policy applies to the Site and all products and services offered by Up To You and any other associated programs wherein personal information is collected (the “Site”).
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use
1.1. While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name and contact information ("Personal Information").
1.2. This information may be collected in a variety of ways, including but not limited to:
a) when a user visits the Site;
b) when a user registers on the Site;
c) when a user places an order;
d) when a user books a photography service; and
e) use in connection with other activities, services, features or resources available on the Site.
1.3. Personal identification information from Users will only be collected if Users voluntarily submit such information to us. Users are permitted to refuse to supply personal identification, however, doing so may prevent Users from accessing certain Site-related activities.
Log Data
2.1. Like many site operators, we may collect non-personal identification information that your browser sends whenever you visit the Site ("Log Data").
2.2. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
2.3. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data.
2.4. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that is relevant to your photography service.
Cookies
3.1. Our Site may use “cookies” to enhance User experience.
3.2. Our Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive for record-keeping purposes.
3.3. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
3.4. Up To You collects and uses Users’ personal information for the following purposes:
a) to improve customer service – your information assists us in more effectively responding to your customer service requests and support needs.
b) to personalize User experience – we may use information in the aggregate to understand how our Users, as a group, utilize the services and resources provided by our Site.
c) to improve our Site – we continually strive to improve our website services based on the information and feedback we receive from our Users.
d) to process transactions – we may use information Users provide when placing an order to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. This would include but is not limited to, receipts, order confirmations, general communications and follow-up services.
e) to administer content, promotions, surveys and other Site features – to send Users information they agreed to receive about topics we think will be of interest to them.
f) to send periodic emails and text messages – the email address provided by our Users provide for order processing, will be used solely for the purpose of updating information to the Users on their orders and for responding to inquiries, and/or other requests, questions or concerns.
Security
4.1. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
4.2. Sensitive and private data exchange between the Site and its Users occurs over an SSL secured communication channel and is encrypted and protected with digital signatures.
4.3. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertising
5.1. Advertisements appearing on our Site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time the User receives an online advertisement so that the ad server can compile non-personal identification about anyone who uses the computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to the User. This Privacy Policy does not cover the use of cookies by any advertisers.
Changes to this Privacy Policy
6.1. This Privacy Policy is effective as of June 1 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
6.2. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
6.3. If we make any material changes to this Privacy Policy, we will notify you by placing a prominent notice on our website with a continued revised date at the top of this page, and you will be notified through the email address you have provided us.
6.4. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your Acceptance of These Terms
7.1. By using this Site, you signify your acceptance of this Policy and Terms of Service. If you do not agree to this Policy, please do not use our Site. Your continued use of the Site following Policy modifications will be deemed as your acceptance of the changes to the Policy.
Contact Us
8.1. If you have any questions about this Privacy Policy, please contact us at ccgormley@hotmail.com
1. Introduction
1.1. These are the terms and conditions of service (“Terms”) which govern the use of the website uptoyouphotography.com and related services (as defined below) owned, operated or provided by Up To You Photography (“Up To You”, “Up To You Photography”) (the “Service”).
Please read the Terms carefully before using the Service. Your use of the Service is conditional on you complying with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
1.2. Please note:
(a) Where you visit, register and/or subscribe to the Services, these Terms will be governed by the laws of British Columbia and will operate as between Up To You Photography and you, to the maximum extent permissible under the law of the territory that you are located in.
2. Definitions
2.1. “You/Your” means (as appropriate) the Visitor, Registered User and/or Subscriber accessing the Service.
2.2. “Intellectual Property” means copyright, trademarks, database rights and/or any other intellectual property rights as recognized in any jurisdiction.
2.3. "Services" means provision by Up To You of access to the domain http://www.uptoyouphotography.com (the “Website”) and other associated programs including, without limitation, the point of sale system, email list and customer database (the “Programs”) (the “Website” and the “Programs” are collectively referred to herein as the “Site”)
2.4 “Content” means all material, data, articles, information and products available on the Up To You Website or provided as part of the Service.
3. Intellectual Property
3.1. All rights in and to the Services including all original content will remain the exclusive property of Up To You Photography and its licensors.
3.2. The Services and all contents thereto are the original work of Up To You and are protected by copyright, trademark and other laws of both Canada and foreign countries. The trademarks and trade address may not be used in connection with any product or service without the prior written consent of Up To You Photography.
3.3. You may use the Service solely for your personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Up To You Photography products or the Services for any commercial purposes, whether direct or indirect, in any manner that might compete with this business.
3.4. Save for where provided otherwise in these Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Up To You property or Services to anyone without express prior written permission, is not authorized and may be a violation of national copyright laws.
3.5. Any request for permission to republish, reprint or use any articles from any of the Service or trade marks for any purpose other than those permitted under this Clause 3 should be sent to ccgormley@hotmail.com
3.6. When reposting Up To You content on Instagram for promotion purposes, credit Up To You by tagging and crediting @Uptoyouphotography.
3.7. For the avoidance of doubt, where the provisions of any applicable law prohibit the extent to which certain activities can be restricted under this Clause 3, any such restrictions shall apply to the fullest extent permitted in accordance with such law.
4. Links to Other Websites
4.1. This Service may contain links to third-party websites or services that are not owned or controlled by Up To You.
4.2. Up To You Photography has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
4.3. You further acknowledge and agree that Up To You shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through such websites or services.
4.4. We strongly advise that the terms and conditions and privacy policies of any third-party websites or services are carefully read prior to the user visiting.
5. Termination
5.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.
5.2. All provisions of the Terms, which by their nature should survive termination, shall survive termination including, without limitation, ownership provisions warranty disclaimers, indemnity and limitations of liability.
5.3. We may terminate or suspend Service immediately, without prior notice or liability, for any reason whatsoever if you breach the Terms.
5.4. Upon termination, your right to use the Service will immediately cease.
5.5. You agree to defend, indemnify and hold harmless Up To You Photography and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liability, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
(a) your use and access of the Service; and/or
(b) a breach of these Terms.
6. Limitation of Liability
6.1. In no event shall Up To You, nor its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:
(a) your access to or use of, or inability to access or use the Service;
(b) any conduct or content of any third-party on the Service;
(c) any content obtained from the Service; and
(d) unauthorized access, use or alteration of your transmissions or content, whether based on warrant, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Warranty Disclaimer
7.1. Your use of the Service is at your sole risk.
7.2. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
7.3. The Service is provided without warranties of any kind, whether express or implied, including but not limited to:
(a) implied warranties of merchantability;
(b) fitness for a particular purpose;
(c) non-infringement; or
(d) course of performance.
8. Indemnity
8.1. You agree to indemnify and hold Up To You, its Representatives, licensors, and sub-contractors harmless against all costs, claims, damages, liability and expenses (including any professional fees) which might incur by reason of a breach by you of these Terms.
9. Changes to These Terms
9.1. We may make amendments to the provisions of these Terms from time to time. Any amended Terms will be notified to you by being posted on the Up To You Website. Amendments will come into effect immediately on the amended Terms being posted on the website and you will be deemed to have accepted them if you access the website after that time. If you do not wish to accept them, you must cancel these Terms as described above.
9.2. What constitutes a material change will be determined at our sole discretion.
9.3. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
10. Exclusions
10.1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
11. Governing Law
11.1. These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.3. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11.4. These Terms constitute the entire agreement between us with respect to your access and use of the Service, and supersede and replace all prior agreements, negotiations and discussions Up To You might have between us relating to the same.
12. Contact Us
12.1. If you have any questions about these Terms, please contact ccgormley@hotmail.com
PRIVACY POLICY
Last updated: June 1, 2023
Up To You Photography (“Up To You”, “Up To You Photography”) (“us”, “we”, or “our”) operates http://www.uptoyouphotography.com (the “Website”) and other associated programs including, without limitation, the point of sale system, email list and customer database (the “Programs”) (the “Website” and the “Programs” are collectively referred to herein as the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. This Privacy Policy applies to the Site and all products and services offered by Up To You and any other associated programs wherein personal information is collected (the “Site”).
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use
1.1. While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name and contact information ("Personal Information").
1.2. This information may be collected in a variety of ways, including but not limited to:
a) when a user visits the Site;
b) when a user registers on the Site;
c) when a user places an order;
d) when a user books a photography service; and
e) use in connection with other activities, services, features or resources available on the Site.
1.3. Personal identification information from Users will only be collected if Users voluntarily submit such information to us. Users are permitted to refuse to supply personal identification, however, doing so may prevent Users from accessing certain Site-related activities.
Log Data
2.1. Like many site operators, we may collect non-personal identification information that your browser sends whenever you visit the Site ("Log Data").
2.2. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
2.3. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data.
2.4. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that is relevant to your photography service.
Cookies
3.1. Our Site may use “cookies” to enhance User experience.
3.2. Our Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive for record-keeping purposes.
3.3. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
3.4. Up To You collects and uses Users’ personal information for the following purposes:
a) to improve customer service – your information assists us in more effectively responding to your customer service requests and support needs.
b) to personalize User experience – we may use information in the aggregate to understand how our Users, as a group, utilize the services and resources provided by our Site.
c) to improve our Site – we continually strive to improve our website services based on the information and feedback we receive from our Users.
d) to process transactions – we may use information Users provide when placing an order to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. This would include but is not limited to, receipts, order confirmations, general communications and follow-up services.
e) to administer content, promotions, surveys and other Site features – to send Users information they agreed to receive about topics we think will be of interest to them.
f) to send periodic emails and text messages – the email address provided by our Users provide for order processing, will be used solely for the purpose of updating information to the Users on their orders and for responding to inquiries, and/or other requests, questions or concerns.
Security
4.1. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
4.2. Sensitive and private data exchange between the Site and its Users occurs over an SSL secured communication channel and is encrypted and protected with digital signatures.
4.3. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertising
5.1. Advertisements appearing on our Site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time the User receives an online advertisement so that the ad server can compile non-personal identification about anyone who uses the computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to the User. This Privacy Policy does not cover the use of cookies by any advertisers.
Changes to this Privacy Policy
6.1. This Privacy Policy is effective as of June 1 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
6.2. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
6.3. If we make any material changes to this Privacy Policy, we will notify you by placing a prominent notice on our website with a continued revised date at the top of this page, and you will be notified through the email address you have provided us.
6.4. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your Acceptance of These Terms
7.1. By using this Site, you signify your acceptance of this Policy and Terms of Service. If you do not agree to this Policy, please do not use our Site. Your continued use of the Site following Policy modifications will be deemed as your acceptance of the changes to the Policy.
Contact Us
8.1. If you have any questions about this Privacy Policy, please contact us at ccgormley@hotmail.com
