The Website is made available by Racquel Marie Photography and all content and information provided on and through the Website (“Content”) may be used solely under the following terms and conditions:
1. Website Limited License. As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with the terms herein.
2. Limitations on Use. The Website and the Content on this Website are for your personal use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not use any robot, spider, other automatic devices, or manual process to monitor or copy our Website or the Content without Racquel Marie Photography’s prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Content is prohibited. You may not disrupt or assist in the disruption of any computer used to support the Service (each a “Server”). ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Website or of the Content. Racquel Marie Photography reserves the exclusive right to create derivative works based on the Website. You may not create derivative works based on the Website without Racquel Marie Photography’s prior written consent.
3. Disruption of Service by User. You are not allowed to disrupt or assist in the disruption of (a) any computer used to support the Website or (b) any other performing part of the Racquel Marie Photography experience. Any attempt by you to disrupt or undermine the legitimate operation of the program may be a violation of criminal and civil law.
4. Eligibility. You expressly agree that you are 18 years of age or older and hereby agree to abide by all laws in the Jurisdiction in which you live or from where you access the Website. Prizes and awards may not be awarded in all areas, and it is your sole responsibility to find out whether prizes may be awarded in your area. Racquel Marie Photography expressly disclaims any responsibility to provide for or deliver prizes in areas or jurisdictions where they are not allowed.
5. Rules of Conduct. You must abide by the following rules and laws of conduct (the “Laws of Conduct”). Failure to do so may result in loss of any award or prize. The following Laws of Conduct may be amended in the sole discretion of Racquel Marie Photography with or without notice to you.
You understand that Racquel Marie Photography may record any and all comments on the Website, and you hereby consent to such monitoring. Your comments may be subject to monitoring, review, modification, disclosure, and /or deletion by Racquel Marie Photography without notice. You hereby further acknowledge that Racquel Marie Photography is not under any obligation to monitor Commenting and that you engage in Commenting at your own risk. When engaging in Commenting, loitering, or surfing on the Website you may not:
a. Transmit or post any content or language which, in the sole and final discretion of Racquel Marie Photography is deemed to be offensive, including without limitation, content or language that is unlawful, harmful, defamatory, vulgar, rude, obscene, hateful, abusive, threatening, harassing, or otherwise objectionable. Nor may you use any method to circumvent the content and language restrictions written herein.
b. Post or communicate any member’s personal information or on other websites, blogs or forums.
c. Espouse bots or any other automated techniques to collect, gather or store information from the Website.
d. Embarrass, threaten, harass, stalk, cause distress, or any unwanted attention or discomfort to anyone featured on the Website.
e. Cheat or use “exploits” that gives you an unfair advantage while using the Website.
f. Participate in any action that, in the sole opinion of Racquel Marie Photography, results or may result in the unauthorized use of the Website or its members being “scammed” or becoming the victim of identity theft through the nefarious, harmful use of personal information.
g. Impersonate any real person, including but not limited to a Racquel Marie Photography employee or agent.
h. Collect or harvest email addresses or other contact information of other users from the service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
i. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
6. Accuracy of Information. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Website or materials linked from the Website is at your own risk.
7.1 Content Copyright. While the ideas presented on Racquel Marie Photography are not owned by anyone, the expression of these ideas via the textual content is the property of Racquel Marie Photography. Do not copy, word-for-word, any Content on the Website for your own website without direct consent from Racquel Marie Photography, unless you are you using it as a reference and granting credit to Racquel Marie Photography. Also, do not present identical or near-identical information without the consent of Racquel Marie Photography.
7.2 Image & Video Copyright. The images on the Website fall under the Creative Commons License. You may embed the videos from the Racquel Marie Photography Youtube Channel as long as they remain unaltered and link credit is given back to Racquel Marie Photography.
8.1 Entry By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Racquel Marie Photography, which shall be final and binding in all respects. Racquel Marie Photography is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Racquel Marie Photography with any questions, comments or problems related to the Contest.
8.2 Eligibility. Void where prohibited or restricted by law. Racquel Marie Photography and their respective partners, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, contractors, and each of their respective officers, directors, employees, (collectively, the “Sponsors”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Contest or win a prize.
8.3 Winner Selection. The winner of the Contest will be selected by Racquel Marie Photography from among all eligible Entries received throughout the Promotion Period. The selection of the winner(s) will be made by Racquel Marie Photography or its designated representatives, whose decisions are final. The winner(s) will be made public on the Racquel Marie Photography Website, on the Racquel Marie Photography Facebook page, on the Racquel Marie Photography Facebook group page, or on the Racquel Marie Photography Instagram page (collectively referred to herein as the “RMP Sites”). Racquel Marie Photography will provide a link to the RMP Sites to entrants via email. Winner may not be notified by email, phone, or any other means of communication. Potential winner(s) must view the RMP Sites to find out if they have been selected as a winner. Potential winner(s) must contact Racquel Marie Photography by phone at 609-557-7453 or by email at [email protected], within 72 hours of the announcement to claim their prize. Failure to do so may result in prize forfeiture. The potential prize winner will be required to sign and return a model release and portrait services agreement (collectively “the Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Racquel Marie Photography.
8.4 Taxes and Fees. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
8.5 Online Entry. Enter the Contest during the Promotion Period online by following instructions list on the contest entry webpage. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/Contest subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Racquel Marie Photography’s database clock will be the official timekeeper for this Contest.
8.6 Privacy. All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. All personal information submitted as part of the Contest may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies.
8.7 Limitation of Liability. Racquel Marie Photography is not responsible for any incorrect or inaccurate information, whether caused by Racquel Marie Photography, website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of submissions in the Contest. Racquel Marie Photography assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Racquel Marie Photography is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes within or beyond the control of Racquel Marie Photography which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Racquel Marie Photography reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. In such event, Racquel Marie Photography may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification. In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder, who is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Racquel Marie Photography with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Racquel Marie Photography’s satisfaction, the entry will be deemed ineligible.
8.8 Social Media Disclaimer. Entrants should understand that they are providing their information to the Racquel Marie Photography and not to Facebook, Twitter, Instagram, Google+, YouTube, or Pinterest. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Google+, YouTube, or Pinterest. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
9. Acknowledgment of Proprietary Materials. You hereby acknowledge that the Website and all other materials provided to you by Racquel Marie Photography through or on the Website (collectively, the “Materials”) are protected by the copyright laws of the United States and other countries and that the Materials embody the valuable, confidential, and trade secret information of Racquel Marie Photography, the development of which required the expenditure of considerable time and money by Racquel Marie Photography.
10. Proprietary Markings. You hereby agree to ensure that all copyright, trademark and other proprietary notices of Racquel Marie Photography affixed to or displayed on the Website or Materials will not be removed, obscured or modified.
11. Racquel Marie Photography Trademarks. You acknowledge that Racquel Marie Photography is the owner of all right, title and interest in and to all the trademarks relating to the Materials and the Website, together with any new or revised names, designs or designations that Racquel Marie Photography may adopt to identify it or any Materials or Website, and you agree not to adopt or use any such trademarks in any manner whatsoever except as expressly provided for herein.
12. Confidential Information. You hereby agree to hold any information, materials and data made available to you by Racquel Marie Photography that reasonably should be understood to be confidential (collectively, “Confidential Information”), in confidence and agree not to use, copy, or disclose, or permit any of your personnel to use, copy, or disclose the same for any purpose that is not specifically authorized herein.
13. Disclaimer. This website is provided on an “as is” basis. Racquel Marie Photography expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Racquel Marie Photography disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this website or any portion thereof, (d) your use of this website, or (e) your use of any equipment or software in connection with this website.
14. Limitation of liability. Racquel Marie Photography nor its parent, subsidiaries, licensors or affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website and the materials or any facts appearing on or through the materials and the website. Racquel Marie Photography shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or its content.
15. Force Majeure. Racquel Marie Photography shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Racquel Marie Photography, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Racquel Marie Photography’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
16. Acknowledgments. You hereby acknowledge and agree that:
a. When the program is running, Racquel Marie Photography may obtain certain identification information about your computer and its operating system, including IP address(es) and operating system(s), for purposes of improving the program and/or the service, and to police and enforce the provisions of this agreement.
b. Racquel Marie Photography may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. Racquel Marie Photography may use or disclose your personal information if Racquel Marie Photography believes that doing so may protect your safety or the safety of others.
17. No Solicitation. You shall not distribute on or through the Website any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Racquel Marie Photography. No person or entity may solicit any persons or entities with data retrieved from this Website.
18. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Racquel Marie Photography will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
19. Errors and Corrections. Racquel Marie Photography does not represent or warrant that the Website will be free of errors and of viruses or other harmful components, or that defects will be corrected. Racquel Marie Photography does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Racquel Marie Photography may make improvements and/or changes to its features, functionality or Content at any time without notice.
20. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. Racquel Marie Photography shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, misconduct or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content are neither endorsed by nor do they reflect the belief of Racquel Marie Photography.
21. Unlawful Activity. Racquel Marie Photography reserves the right to investigate complaints or reported violations of the terms herein and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.
22. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold harmless Racquel Marie Photography from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these terms, your use of the Website, or your violation of any rights of a third party.
23. Remedies for Violations. Racquel Marie Photography reserves the right to seek all remedies available at law and in equity for violations of these terms, including but not limited to the right to block access from a particular Internet address or user to Racquel Marie Photography’s Website and its features. In the event that you breach this Agreement, you hereby agree that Racquel Marie Photography would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Racquel Marie Photography shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Racquel Marie Photography may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
24. Governing Law and Jurisdiction. These terms are governed by and construed in accordance with the laws of the State of New Jersey and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
25. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Racquel Marie Photography agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Racquel Marie Photography will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Racquel Marie Photography, 80 Falmouth Road, Hamilton, New Jersey 08620.
26. Binding Arbitration. If you and Racquel Marie Photography are unable to resolve a Dispute through informal negotiations, either you or Racquel Marie Photography may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Racquel Marie Photography will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Racquel Marie Photography may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
27. Restrictions. You and Racquel Marie Photography agree that any arbitration shall be limited to the Dispute between Racquel Marie Photography and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
28. Exceptions to Informal Negotiations and Arbitration. You and Racquel Marie Photography agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Racquel Marie Photography’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
29. Location. Any arbitration shall be initiated in the State of New Jersey, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the State of New Jersey, United States of America, and you and Racquel Marie Photography agree to submit to the personal jurisdiction of that court.
30. Governing Law. Except as expressly provided otherwise, this Agreement shall be, is governed by, and will be construed under, the Laws of the United States of America and the law of the State of New Jersey, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Service from locations outside of the United States, do so on their own initiative contrary to the terms of this Agreement and are responsible for compliance with local laws if and to the extent local laws are applicable.
31. Severability of Provisions. If any provision of these terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
33. Termination. This Agreement is effective until terminated. You may terminate this agreement through discontinued use of your account for the duration of 6 months or more.
34. Winning a Prize and Receiving the Prize. Having won a prize, whether it be from Racquel Marie Photography or a partner or a sponsor of Racquel Marie Photography, Racquel Marie Photography will not be held liable if the prize does not end up in winners possession. Products sold by sponsors of Racquel Marie Photography through advertising on the Website or by means of any links from the Website are separate entities not affiliated with Racquel Marie Photography. If the user of said services feel they have been dealt with improperly, Racquel Marie Photography is not responsible, the user will buy at his or her own risk. Racquel Marie Photography is not liable for any problem or concern that should arise out of dealings with sponsors of the Website. Furthermore, Racquel Marie Photography will not refund or exchange any prize at any time. Also, Racquel Marie Photography will not ship prizes internationally. These rules and any other implicated rules and regulations apply hereto forever.
35. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Racquel Marie Photography has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Racquel Marie Photography may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.