The following terms and conditions, together with any documents they expressly incorporate & govern your access to and use of the content, e-commerce store, functionality, products, and services offered on or through our Websites, http://summerbearphotography.com our Facebook groups located at https://www.facebook.com/thewhimsicaladventurousbride/, & https://www.facebook.com/uplevelyourbrandwithphotography/, whether as a guest or a registered user, as well as any content located on or associated with the Websites.
Because of the nature of digital products, we do not offer refunds. Please confirm all orders are correct before placing the order.
However, if you are unsatisfied with your purchase, please reach out to firstname.lastname@example.org, and we will do our best to make it right!
The products, guides, workshops, and/ or other products and services which may be available through the Websites are developed for educational purposes ONLY. Education, information, and videos do not purport to be, nor should they be construed as, specific advice tailored to any individual or business. Summer Bear Photography assumes no responsibility for errors or omissions that may appear in any Website products or services.
SUMMER BEAR PHOTOGRAPHY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. Any testimonials or endorsements by our customers or audience represented on our Websites, landing pages, sales pages or offerings have not been scientifically evaluated, and the results experienced by individuals may vary significantly based on factors such as weather, location, mood, and time of day.
Furthermore, Summer Bear Photography does not represent or guarantee that the Website or any products contained on the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the associated downloads are free from viruses or harmful components. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
Summer Bear Photography products and materials are copyright. Unless otherwise noted on the print-shop or Wedding Creatives Membership. The original materials have been provided under a single-user license for User’s individual use only, and shall remain the sole property of Summer Bear Photography. User may not license, sell, or otherwise distribute the filters, materials, videos, documents, or other digital items purchased on the Websites as their own.
By purchasing from the Websites, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to Summer Bear Photography that it may uncover intentionally or unintentionally. Any information shared by Summer Bear Photography is confidential and proprietary, and belongs solely and exclusively to Summer Bear Photography.
Payments of Digital Files are due in full at the time of purchase. Summer Bear Photography retains the right to refuse access to the purchased products and services if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Websites will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to email@example.com.
Due to the nature of web-based content, purchases are non-refundable.
The Websites and the products and services featured on the Websites are intended for adults only. No user under the age of 18 may access or use the Websites.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from its Use of the Websites. User shall hold harmless Summer Bear Photography, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, or staff from any and all damages that may result from any claims arising from any disagreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my use of the Websites, excluding any such expenses and liabilities which may result from willful misconduct by Summer Bear Photography, or any of its directors or employees.
User shall indemnify, defend, and hold harmless Summer Bear Photography and its Releases from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – arising out of or resulting from his or her use of the Websites.
User shall hold Summer Bear Photography harmless for damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Summer Bear Photography’s products and services – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from User’s misuse of the Websites or the products and services offered there.
THIRD PARTY SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by Summer Bear Photography.
Summer Bear Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Summer Bear Photography shall not be 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 any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
User agrees that in the following circumstances, Summer Bear Photography may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s access to the Websites:
User becomes disruptive to Summer Bear Photography or other users;
User fails to follow the guidelines posted in the Facebook Group, which may change from time to time but shall be included in the “About” section of the group’s landing page;
User distributes the products sold by Summer Bear Photography without permission;
Summer Bear Photography discovers or reasonably suspects the User is harvesting data from the Summer Bear Photography Websites;
User refuses to abide by Summer Bear Photography administration or moderation requests; or
the User violates these terms as determined solely by Summer Bear Photography.
Upon termination for any of the above reasons, User’s access to the Websites will be restricted and/ or terminated completely. No refunds will be provided.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Contra Costa County, California. All claims against Summer Bear Photography must be lodged within 90-days of the date of the alleged breach or damage, whichever comes first. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction of Contra Costa County.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to the jurisdiction of Contra Costa County for equitable relief, including without limitation a temporary restraining order or injunction.
This Agreement shall be binding upon and inure to the benefit of the Parties mentioned above, their respective heirs, executors, administrators, successors and permitted individuals. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the the Republic of California, United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. Summer Bear Photography may modify terms of this agreement at any time, and will update this webpage with a “last updated” date. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, further performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
Crystal Summer Bear
2507 Alhambra Ave
Martinez, CA 94553