{"id":58,"date":"2022-01-08T12:18:02","date_gmt":"2022-01-08T12:18:02","guid":{"rendered":"http:\/\/bryanformhalsphotography.com\/?page_id=58"},"modified":"2022-06-13T12:44:46","modified_gmt":"2022-06-13T12:44:46","slug":"terms-conditions","status":"publish","type":"page","link":"http:\/\/bryanformhalsphotography.com\/terms-conditions\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"<h2>Disclaimer about sending marketing messages<\/h2>\n<p>In certain countries, such as the US, the law requires express client consent to send them promotional messages. You are solely responsible for obtaining express consent from your clients to send them messages via Bryan Formhals Photography. You agree to document this consent and show us this information in the event of a compliance audit or formal complaint. You guarantee that your clients have granted you express consent to send them messages of the type that you intend to send them. If for any reason Bryan Formhals Photography suspects that the clients have not given you express consent, it reserves the right to request a written explanation from you, the client, including the method of collecting the client\u2019s phone numbers and a guarantee signed by you that all the people on your client list agreed to receive text messages from you of the type that you had sent. Bryan Formhals Photography reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account.<\/p>\n<h2>Eligibility<\/h2>\n<p>In order to use our Service, you must meet a number of conditions, including but not limited to:<\/p>\n<ul>\n<li>You must not be in violation of any embargoes, export controls, or other laws of US or other countries or supranational bodies having jurisdiction over this Agreement, Bryan Formhals Photography, and yourself. For example, you must not use our Service if doing so would be in violation of the Common Foreign and Security Policy of the European Union.<\/li>\n<li>You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.<\/li>\n<li>You must provide us with personal information, and other information that we deem necessary to provide you with our Service.<\/li>\n<\/ul>\n<h2>Nature of Service<\/h2>\n<p>Bryan Formhals Photography believes that its Service is useful for the management of appointments. You agree that you are solely responsible for determining whether the use of our Service is right for you, and you agree to release Bryan Formhals Photography from any liability relating to your use of our Service.<\/p>\n<h2>Rules of Use<\/h2>\n<p>You must not:<\/p>\n<ul>\n<li>Violate the laws of the US, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.<\/li>\n<li>Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Bryan Formhals Photography or its delegates.<\/li>\n<li>Infringe on anyone\u2019s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.<\/li>\n<li>Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Bryan Formhals Photography Site, Service, or its Users\u2019 computers.<\/li>\n<li>Do anything else which could bring Bryan Formhals Photography into disrepute or violate the rights of any person.<\/li>\n<\/ul>\n<h2>Our Copyright<\/h2>\n<p>Bryan Formhals Photography must preserve the uniqueness of our content because it distinguishes us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.<\/p>\n<h2>Representations &amp; Warranties<\/h2>\n<p>WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE (INCLUDING SERVICE INTERRUPTIONS OR TECHNICAL GLITCHES), NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.<\/p>\n<p>YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.<\/p>\n<p>YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING ANY THIRD PARTY APP STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.<\/p>\n<p>YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR WHAT MAY OCCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR DATA WITH OTHER USERS OR ANY OTHER THIRD PARTIES.<\/p>\n<p>YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.<\/p>\n<p>THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS \u201cREPRESENTATIONS &amp; WARRANTIES\u201d SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.<\/p>\n<p>For Jurisdictions that do not allow us to limit our liability:\u00a0Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.<\/p>\n<p>IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, \u201cA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.\u201d YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Disclaimer about sending marketing messages In certain countries, such as the US, the law requires express client consent to send them promotional messages. You are solely responsible for obtaining express consent from your clients to send them messages via Bryan Formhals Photography. You agree to document this consent and show us this information in the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-58","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/pages\/58"}],"collection":[{"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/comments?post=58"}],"version-history":[{"count":1,"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/pages\/58\/revisions"}],"predecessor-version":[{"id":64,"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/pages\/58\/revisions\/64"}],"wp:attachment":[{"href":"http:\/\/bryanformhalsphotography.com\/wp-json\/wp\/v2\/media?parent=58"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}