1. Users

1.1 The Vendor offers e-commerce business services on the Website exclusively to adult users of the Website (the “Users” or “you”) for personal use and not for resale. By accessing, browsing or using the Website and/or its services, you represent and warrant that you are at least eighteen (18) years of age. The Vendor reserves the right, in its sole discretion, to terminate User accounts, discontinue services and to edit or cancel orders.

2. Website Policies

2.1 Your access to and use of the Website are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you. If you do not agree to all or part of these General Terms and Conditions of Use or any other Website policies, please do not access or use the Website.

2.2 Upon creation of your User account, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release the Vendor, any third party content providers and licensors, and their respective directors, officers, employees, affiliates, agents and other representatives, from any and all liability concerning such transactions and other activities. You agree to notify the Vendor immediately of any actual or suspected loss, theft or unauthorized use of your User account or password. The Vendor has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.

3. License

3.1 All content included on the Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of the Vendor or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of the Vendor, or its content suppliers, as the case may be, in each specific instance. The Vendor and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. The Vendor and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by the Vendor or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3.2 The viewing, printing or downloading of any Content from the Website grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

4. Trademarks

The Vendor is the exclusive owner of the logos and registered trademarks “Hovering Heart Photography” and “hoveringheartphotography.com” and of any other sign which includes the word “Hovering Heart Photography” and the domain name “hoveringheartphotography.com”.

All of the other trademarks, logos, trade names, domain names and other distinctive signs used in connection with the Website or the products sold on the Website are registered trademarks of their respective owners. The Vendor and all other registered trademark owners have exclusive rights to use their respective trademarks. You are not granted any rights in or to the trademarks used on the Website, and you agree not to use such trademarks without the prior written authorization of the Vendor or the applicable trademark owners.

5. Copyright Complaints

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Vendor’s copyright agent with the following information:

•   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•   A description of the copyrighted work that you claim has been infringed upon;
•   A description of the material located on the Website that you claim to be infringing;
•   Your address, telephone number, and e-mail address;
•   A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law; and
•   A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Vendor’s copyright agent for notice of claims of copyright infringement can be reached at [email protected].

6. Links to Other Websites

The Website may contain hyperlinks to other websites operated by unaffiliated third parties and which are in no way connected to the Website. The Vendor does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the content, services or goods provided on third party websites or their content. The Vendor shall not be held liable for the content of these websites or the policies adopted by them, including without limitation their privacy policies. Please carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third party websites you access from the Website. We remind you that these General Terms and Conditions of Use and the Privacy Policy do not apply to websites operated by third parties. The Website provides links to other websites exclusively for its users’ convenience and to help them browse content of interest, and by providing hyperlinks to third party websites, the Vendor does not recommend that its users access such third party websites or warrant the offerings or content of such websites.

7. Links to the Website

Please contact the Vendor at the following e-mail address if you are interested in linking to the home page and other publicly accessible web pages of the Website: [email protected]. The Vendor has the right to grant or withhold consent to posting hyperlinks to the Website on third party websites free of charge and on a non-exclusive basis. The Vendor has the right to object to certain third party websites posting links to the Website, in the event that the applicant has previously engaged in unfair business practices, practices that do not comply with industry standards, unfair competition actions towards the Vendor, or when the Vendor has reasons to believe the applicant may engage in such behaviours in the future, or when the applicant has previously, or it is feared that it may in the future, engage in actions discrediting the Vendor and the Website. It is in any case forbidden to post deep links (such as deep frames) to the Website or using other framing techniques which include trademarks, logos or other intellectual property of the Vendor or their respective owners, or to use unauthorized meta-tags without the Vendor’s written consent.

8. Disclaimer of Liability

The website and all information, content, materials, products (including software) and services included on or otherwise made available to you through the website are provided by the vendor on an “as is”, “where is” and “as available” basis, unless otherwise specified in writing. The vendor makes no representations or warranties of any kind, express or implied, as to the operation of the website or its functioning or the information, content, materials, products (including software) or services included on or otherwise made available to you through the website, unless otherwise specified in writing. Neither the vendor nor any third party content providers or licensors, nor their respective directors, officers, employees, affiliates, agents or other representatives shall have any liability or responsibility for any errors or omissions in the content of the website, for your action or inaction in connection with the website or for any damage to your computer or data or any other damage you may incur in connection with the website or your use thereof.

You expressly agree that your use of the website is at your sole risk. You specifically acknowledge that neither the vendor nor any of its affiliates, nor their respective directors, officers, employees, affiliates, agents or other representatives are liable for the defamatory, offensive or illegal conduct of other users or third-parties and that any risk of injury related to the foregoing rests entirely with you. Without limiting the foregoing, the vendor does not represent or warrant that the website is secure, the website or the server supporting the website will be virus-free, the information on the website is error-free, accurate, complete, reliable, useful, timely or current or that the website will operate without interruption or error.

To the full extent permissible by applicable law, the vendor disclaims all warranties, express or implied, including, but not limited to, implied warranties of quality, merchantability, non-infringement, and fitness for a particular purpose. The vendor does not warrant that the website, information, content, materials, products (including software) or services included on or otherwise made available to you through the website, its servers, or e-mail sent from the vendor are free of viruses or other harmful components. The vendor will not be liable for any damages of any kind arising from the use of the website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages or any loss of profit, revenue, opportunity or data, unless otherwise specified in writing. This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action (including extra-contractual liability). If you are dissatisfied with the website, your sole remedy is to discontinue using the website.

Nothing in the foregoing disclaimer of liability language shall serve to deny any consumer, that is a resident of new jersey, (i) the right to bring a product liability claim under the new jersey product liability act, n.j.s.a. 2a:58c-1, (ii) the ability to seek punitive damages or (iii) the ability to seek consequential damages in instances of injury to the person in the case of consumer goods.

Notwithstanding the foregoing, in the event that the vendor is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with (i) these general terms and conditions of use, the Return Policy or the Privacy Policy or any of the features or functionalities of the website or its content, or your use or inability of use thereof, the vendor’s liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any product sold through the website, the vendor’s liability shall be strictly limited to the sale price of that product.

Certain states laws similarly do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

9. Amendments and Updates

The Vendor may amend or update all or any part of the Website policies including these General Terms and Conditions of Use at any time in its sole discretion. Any amendments or updates to the Website policies shall be effective upon publication in their respective sections of the Website. Please access the respective sections of the Website regularly in order to check whether the Website policies have been updated. If any condition of any part of the Website policies shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining Website policies.