TERMS OF USE

Thank you for visiting our web site(s) located at heatherdurhamphotography.com and/or heatherdurhamstudio.com, which we individually and collectively refer to below as the “Site.” Heather Durham Photography, LLC (also referred to as “HDP,” “we,” “us” or “our”) offers the Site to you (referred to as "you" or "user") under the Terms of Use described below.  By using and accessing the Site, you are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and Heather Durham Photography, LLC. If you do not agree to these terms, please discontinue your access to and use of the Site immediately.

We reserve the right, in our sole discretion, to change these terms at any time, and may publish a revised version of these Terms of Use on the Site.  You are responsible for regularly reviewing these Terms of Use.  Continued access to and use of the Site following any such change means you accept and will abide by the changes. 

Ownership of Site and Site Content

The Site is owned and operated by HDP.  HDP, Heather Durham, individually, and/or its/her affiliated companies, vendors, contractors, licensors and/or licensees (collectively “HDP Parties”) own the copyright in all elements of the Site and all related intellectual property rights, including, but not limited to, all copyrights, trademark rights, patent rights and moral rights.  The elements of the Site (individually and collectively, “Site Content”) include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site. Your use of the Site does not give you ownership of any Site Content.  

Intellectual Property

Between you and us, all copyrights, trademarks, logos, service marks and trade names (individually and collectively, the “IP”) displayed on the Site or on Site Content are registered or unregistered IP of HDP, the HDP Parties and/or others, and may not be used unless authorized by the IP owner.  All IP not owned by us that appear on the Site or on the Site Content, if any, are the property of their respective owners.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any IP displayed on the Site.  

Use of Site Content

You may access and view the Site Content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Site, provided that you do not remove or alter any copyright or other legal notices from the Site or any Site Content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content.  Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries. 

Consideration

You acknowledge and agree that your access to and use of the Site, the Site Content and the services provided through the Site are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.

User Submissions

We do not ask for nor do we wish to receive any confidential, secret or proprietary information or material from you through the Site, by email or in any other way. If you submit any materials, content (including, for example, any photographs), information or ideas to HDP (“Your Content”), (i) you represent and warrant that Your Content is original to you, that no other party has any rights thereto, and that any "moral rights" in Your Content have been waived, and (ii) you grant to HDP a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, and otherwise use Your Content for any purpose HDP chooses, commercial or otherwise, in its sole discretion, without any compensation to you and in accordance with our Privacy Policy. We cannot be responsible for maintaining Your Content that you provide to us, and we may delete or destroy Your Content at any time.

User Information

During the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to herein as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. 

Prohibited User Conduct

You warrant and agree that, while accessing or using the Site, you will not:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or HDP or the HDP Parties;
• insert your own or a third party’s advertising, branding or other promotional content into any of the Site Content, materials or services;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• use the Site or their services in violation of the intellectual property or other proprietary or legal rights of HDP or the HDP Parties or any third party;
• use the Site or its services in violation of any applicable law; or
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or their services.

Links From The Site to Third Party Site

As a convenience for users, the Site may contain links to Internet sites maintained by third parties (“Linked Site”).  You acknowledge and agree that HDP and the HDP Parties do not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site.  When you link to a Linked Site, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of Linked Site, and any reliance on the contents of a Linked Site is at your own risk. 

Links To The Site From Third Party Site

You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time.

Indemnification

You agree to indemnify and hold harmless HDP and the HDP Parties, and its and their respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including legal fees) that may arise from your use of the Site in any way or your violation of law or breach of the terms of this Agreement. HDP and the HDP Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by HDP and the HDP Parties.

General Disclaimer and Limitation of Liability

HDP controls and operates the Site from offices in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions.  If you choose to access the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.   

THE SITE AND THE SITE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL HDP OR THE HDP PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.

Termination

HDP may terminate, change, suspend or discontinue any aspect of the Site at any time. HDP may restrict, suspend or terminate your access to the Site and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Site or you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. Additionally, HDP may terminate use or access privileges to the Site of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to the Site. This Agreement is effective until terminated by you, or by HDP for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Site and to immediately destroy all materials obtained from it.

Miscellaneous

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in, and/or linked on, the Site, including our Privacy Policy; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail.

You agree that HDP may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement.  This Agreement is personal to you and you may not transfer or assign it to a third party.

This Agreement is governed by and is construed in accordance with the laws of the State of Tennessee, U.S.A., without regard to conflicts of law provisions.  You consent to the exclusive jurisdiction and venue of courts in Williamson County, Tennessee, U.S.A. in all disputes arising out of or relating to your use of the Site.  Notwithstanding the foregoing, HDP shall have the right to bring action against visitors of the Site in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Tennessee court.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and HDP with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HDP with respect to the Site.  A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted in this Agreement are reserved to HDP.

PRIVACY POLICY

Thank you for visiting a Site owned and operated by Heather Durham Photography, LLC (from which you have linked to this Privacy Policy). “Site” individually and collectively refers to Internet web sites located at heatherdurhamphotography.com and heatherdurhamstudio.com. 

“Heather Durham Photography, LLC” also is referred to as “HDP,” “we,” “us” or “our” in this Privacy Policy.

Privacy Principles

We have adopted this Privacy Policy for our Site. On our Site, we collect personal information in two forms. One form is information that we expressly request you to provide in connection with certain inquiries or becoming an HDP Insider (i.e., our email newsletter and email deliveries of information, such as portrait mini session dates). The second form is anonymous information that we and/or third parties that provide certain services to facilitate the operations of our Site (e.g., reCAPTCHA and Google) (individually and collectively, “service providers”) may automatically collect from your computer, phone or other device.

Our Privacy Policy is based on the following principles:

1. You are free to choose whether or not to submit any personal information on our Site, such as your name, email address, phone number or other information that can be used to identify or contact an individual, whether online or offline. 

2. When we ask you to submit personal information, we will explain in the sign-up or collection process how we will use the information (such as requesting an email address when you sign up for a newsletter). We will use the information only as we have stated, other than in Special Circumstances which are described below (such as in relation to law enforcement or a business transfer).

3. We and/or our service providers may use the anonymous information that is automatically collected from your device, such as a computer’s Internet Protocol address, a mobile device identifier, operating system, or general location such as zip code, to support internal operations so that we and/or our service providers can understand and monitor the usage of our Site and improve the performance of the Site.

4. There is no behavioral advertising on our Site which means that you will not see any advertising that is targeted to you based on your combined activity on our Site and your activity on other sites and apps.

The following describes our Privacy Policy as it relates to certain specific activities.

Information We Request on Our Site

We will explain how we will use the information on our Site and use it only for that purpose. Here are examples of personal information that we request on our Site:

• Sign-Up.  You may provide your information (e.g., first and last name and email address) to become an HDP Insider (i.e., recipient of email correspondence related to shoots, etc.).
• Contact Form.  You may provide your information (e.g., name, fiance’s name, email address, phone, etc.) to contact HDP in connection with questions related to services.

Information We Collect Automatically

We and/or our service providers may use the anonymous information that is automatically collected to support the internal operations of the Site. Some of this information is collected through third-party analytics tools. Internal operations include the following:

• to monitor metrics such as total number of visitors and traffic;
• to understand which information and services are most popular;
• to understand the pages where visitors enter our Site and the pages viewed;
• to reduce the repetition in the promotional messages that users may see on our Site;
• to understand generally the location of our users (e.g., zip code information);
• to recognize the browsers used to visit our Site, so that the content is adapted for the relevant browser; and
• to diagnose and fix technology problems.

When you visit a Site, we and/or our service providers may use cookies and similar technologies like pixels and web beacons, to collect this anonymous information for the purpose of the internal operations of our Site. A “cookie” is a piece of information that a web site transfers to a user’s device for record-keeping purposes. As a user moves from one page or one screen to another, a cookie is used to tell us that it is the same device. We also may use a cookie to keep track of your selections. You may set your device to accept or not accept cookies and you may delete any cookies that you have received. However, should you decide to disable any cookies we place on your device, you may not be able to use certain features on our Site. A “web beacon” is a one-pixel image (which may be visible or transparent), which may be embedded on a web page or e-mail message, and which may also provide us with information about usage of that page or e-mail message.

Special Circumstances

Law Enforcement and Safety. We may access, preserve and share your information when we have a good faith belief that it is necessary to: (i) respond to a legal request (like a search warrant, court order or subpoena) or otherwise to take action because we believe it is required or advisable under the law; (ii) detect, prevent and address fraud and other illegal activity; (iii) respond to your requests for customer service; or (iv) limit our legal liability or to protect the rights, property, or personal safety of ourselves, any user of our Site, a third party or the general public including as part of investigations.

Business Transfer. If we sell or otherwise transfer part or the whole of HDP or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your personal information, and any other information collected through our Site may be among the items sold or transferred. The buyer or transferee will be required to honor the commitments we have made in this Privacy Policy.

Security Notice. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent you have given us your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

Service Providers

We contract with service providers for certain services, such as to manage the analytics information about usage of our Site. Our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted. 

Where We Store Your Information

The Site is governed by and operated in, and in accordance with the laws of, the United States, and is intended for the enjoyment of residents of the United States.  Your information collected through a Site may be stored and processed in the United States or any other country in which we and/or our service providers maintain facilities. We and/or our service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

Security of Your Information

We strive to maintain the security of information but cannot guarantee that information security measures are fail-safe or guarantee that information on a Site may not be accessed, disclosed, altered, or destroyed. Our Site maintains technical and organizational steps to keep information collected secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections to guard against unauthorized access.

Other Web Sites and Services

Our Site may link to other websites or apps, including content offered by third parties that we do not control and whose privacy and data collection practices may differ from ours (“Third Party Site”). We are not responsible for the practices employed by any websites or services linked to or from our Site, including the information or content contained within them.

When you go via our link to Third Party Site, you become subject to their terms of use and privacy policies rather than ours. You should review these other website privacy policies regarding any personal information that they may collect about you.

HDP Information

The Site is operated by HDP.  For questions or concerns about the Site or to report any potential security vulnerabilities, please write to heather@heatherdurhamphotography.com.