TERMS AND CONDITIONS January 1, 2025
NOTICE: These Terms and Conditions of use are legally binding.
It is your responsibility to read these Terms and Conditions carefully prior to purchase, use, or access of any of our information, products, offerings and/or services.
GENERAL PROVISIONS
This website is owned and operated by Linda Doane Photography, a Kentucky company.
Our principal place of business is located at 4611 South 3rd Street Lousiville, KY 40214. Mailing address: P.O. Box 14292 Louisville, KY 40214
You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
LINDA DOANE PHOTOGRAPHY (“Company”, “we”, “us”, or “our”) is the owner and operator of this website, https://www.DoanePhoto.com, (the “Site”). By accessing the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the site or to services available through the site or from the Company.
Please read these Terms and Conditions carefully to understand our terms regarding your use of the site and services offered by LINDA DOANE PHOTOGRAPHY . If you do not agree with our terms, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically. We may revise these Terms and Conditions at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.
These terms of use are effective as of January 1, 2024
INTELLECTUAL PROPERTY RIGHTS
This site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LINDA DOANE PHOTOGRAPHY its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
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YOUR MATERIALS AND USER CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as our Facebook, Instagram, or online software platforms that we use to distribute our offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our offering or related materials, and we reserve the right to disclose your participation in the same.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
*In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
*For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
*To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
*To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
*To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
*Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
*Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
*Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
*Use any device, software or routine that interferes with the proper working of the Website.
*Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
*Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
*Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
*Otherwise attempt to interfere with the proper working of the Website.
MONITORING AND ENFORCEMENT
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
MODEL RELEASE
You must own the copyright to any image(s) you use by default or voluntarily on our platforms or in our offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the offering, or voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
ONLINE COURSE INTELLECTUAL PROPERTY
LIMITED LICENSE
Any and all materials, paid or free, that You access on this or any related domains that contain our offering are under the sole ownership or licensed use of LINDA DOANE PHOTOGRAPHY.
To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the offering you have paid for or opted to receive. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
YOU MY NOT:
Re-sell or trade your access to the offering.
Share the offering with anyone else who has not yet purchased it or opted in to receive it.
Reprint or republish any of the offering, in part or in whole.
Distribute any of the materials contained in the offering or related materials and/or communications as your own, otherwise known as stealing.
Reproduce and tweak any part or whole of the offering for distribution as your own work.
Claim ownership or use over any of our intellectual property without our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
Use our offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of our content, offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing us at Linda@DoanePhoto.com.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the state of Kentucky in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
OUR ACCEPTANCE
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation email.
FINAL SALES All sales are final. We don’t offer refunds under any circumstances.
NOT FOR RESALE
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale.
LICENSE TO USE PURCHASED DIGITAL MATERIALS
In accordance with the terms herein, and in consideration for digital purchases made from the Site, Company grants to You, and You accept from Company, a non-exclusive and non-transferable license (the “License”) to use the current version of our digital materials (“Digital Materials”). Digital Materials includes any purchased ebooks, online courses, templates, photos, or other digitally available materials. You agree to use and access the Digital Materials solely for Your own personal educational purposes. You have no implied rights to the License of Digital Materials. Except as is otherwise expressly permitted in this Agreement, the use of the Digital Materials is restricted so no one may do any of the following or aid anyone in such endeavor: (a) Sublicense, sell, lease, or rent the Digital Materials; (b) Decompile, disassemble, reverse engineer or attempt to derive the source code from or structure of the Digital Materials; (c) Create a derivative work that is based on any portion of the Digital Materials; (d) Rewrite any portion of the Digital Materials or use any portion of the Digital Materials in connection with creating any work that is similar in function, content or appearance to any portion of the Digital Materials; (e) Remove any proprietary notice from the Digital Materials; (f) Copy, reproduce, distribute, or in any way duplicate all or any part of the Digital Materials; (g) export or re-export the Digital Materials or any portion thereof in violation of the export control laws or regulations of the United States; (h) engage in, facilitate, or further any unlawful conduct; and/or (i) damage, disable, overburden, or impair any Company Website (or the networks connected to any Company Website) or interfere with anyone else’s ability to access or use the Digital Materials.
DISCLAIMER OF WARRANTIES
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, OR ANY CONTENT OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AND COMPLIMENTARY SHIPPING FEES AT OUR SOLE DISCRETION. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
THE SITE AND ALL CONTENT ARE AVAILABLE “AS IS.” COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Kentucky without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kentucky. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
SUCCESSORS AND ASSIGNS
This agreement shall inure to the benefit of and be binding upon the User and their respective heirs, legal personal representatives, successors and assigns.
ENTIRE AGREEMENT
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such Terms and Conditions or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Linda@DoanePhoto.com