TERMS OF USE

IMPORTANT.  PLEASE READ THIS BEFORE USING THE WEBSITE.

YOUR ACCEPTANCE OF THESE TERMS OF USE

Please read these Terms of Use (“Terms”) carefully.  The following is a legal agreement between you (“user”) and Lily Raven Photography  (defined below), which governs your use of Website (defined below) and services through the Website , or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Lily Raven Photography, LLC, doing business as Emily London Portraits. These Terms apply to all users of www.lilyravenphotography.com (the “Website”).  By using the Website you are agreeing to comply with and be bound by these Terms.  If you do not agree to these Terms of Use, you may not access or use this Website.  

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms, you agree to the terms of our Privacy Policy, which is expressly incorporated herein.  Before using this Website, please carefully review our Privacy Policy.  All information provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy.  To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.

Understand that by using the Website, any products or services for which you tender payment or otherwise obtain through the Website, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Lily Raven Photography  offers photography services and related products.

OWNERSHIP OF THIS WEBSITE AND ITS CONTENT

This Website, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries.  All Content and intellectual property rights therein are the property of the Website or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY RIGHTS

When accessing this Website or utilizing the company’s services, you agree to obey the law and you agree to respect the intellectual property rights of others.  Your use of the service and the Website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership.  You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your .com user account.

If you believe that any content on the website is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at info@lilyravenphotography.com.

YOUR OBLIGATIONS

In consideration of your use of this Website, you agree that to the extent you provide personal information to the Website it will be true, accurate, current, and complete and that you will update all personal information as necessary.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final. 

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WEBSITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS WEBSITE; (C) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS CONTAINED IN USER-GENERATED CONTENT OR UNAUTHORIZED SPOKESPERSON.  SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

WAIVER

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms shall be construed with, and governed in all respects by the laws of the Commonwealth of Massachusetts and federal courts in that district without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms will be litigated exclusively in Commonwealth of Massachusetts, Hampden County. You agree that venue is proper is such forum.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.  However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.

INDEMNITY

You agree to indemnify, defend and hold harmless the Website harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Website causes us to be liable to another.

THESE TERMS OF USE MAY CHANGE

The Website reserves the right to change these Terms from time to time consistent with applicable laws and principles. Your continued use of this Website after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time, you choose not to accept these Terms, you should not use this Website.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Website with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Website with respect to this Website and your use of this Website.

DEFINITIONS

The term “Content” refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.

The terms “COMPANY NAME,” “we,” “us,” and “our” refer to Lily Raven Photography, LLC.

The term “including” means “including, but not limited to.”

The term “Website” refers to any website owned by Lily Raven Photography, LLC, on which these Terms are posted.

QUESTIONS

If you have any questions about this Website or these Terms, please contact us via e-mail

Attn: TERMS OF WEBSITE info@lilyravenphotography.com