Terms of Service Privacy Policy

Terms of Service

TERMS AND CONDITIONS

The following TERMS AND CONDITIONS are those in effect as of this date, and are subject to change at any time without notice at the sole discretion of the Site owner and operator. The Site owner and operator is under no obligation to inform you of any change to these Terms and Conditions, and by utilizing and/or purchasing any product provided on this Site, you agree to visit the Site regularly for updates to these Terms and Conditions.

AGREEMENT TO TERMS OF USE

Please review all terms and conditions set forth herein, as these Terms and Conditions shall apply to your use of this site, any related site listed herein (hereinafter collectively referred to as the “Sites”), and any products purchased on the Sites. By utilizing and/or purchase from any of the Sites, you expressly agree to any and all Terms and Conditions set forth herein. As stated above, we reserve the right to modify the content of these Terms and Conditions at any time without any sort of notice, and it is your responsibility to check this page periodically for any such changes. By utilizing any of the Sites subsequent to a change to the Terms and Conditions, you thereby agree to accept and be bound by any such changes to the Terms and Conditions, regardless of whether you have actually read and/or otherwise reviewed said changes. If, at any time, you determine that you are not willing to be bound by the Terms and Conditions set forth herein, then you shall relinquish any rights that you may have to the use of the Sites and any products purchased therefrom, and agree to no longer utilize any of the Sites.

SCOPE OF TERMS OF USE

These Terms and Conditions shall apply not only to linpernille.com and linpernilleeducation.com, but to all websites owned and operated by Lin Pernille Photography LLC, which include but are not necessarily limited to the following:

  •  www.linpernille.com

  •  www.linpernilleeducation.com

  •  www.linpernille.com/education

  •  www.linpernillephotography.com  

  •  www.linpernille.com/blog

  •  linpernille.pixieset.com

 

Additionally, these Terms and Conditions shall apply to any social media account owned and operated by Lin Pernille Photography LLC, including but not limited to any account on Facebook, Linkedin, Twitter, Instagram, or the like.

These Terms and Conditions shall also apply to any site that Lin Pernille Photography LLC may have owned or operated at some previous time, or that Lin Pernille Photography LLC either currently owns and operates but has not listed herein, or that Lin Pernille Photography LLC owns and operates at a future date. Unless otherwise provided, all references to the Sites shall be to any and all sites referenced in this section of the Terms and Conditions, but shall not apply to any Third Party Sites (discussed below).

LINKS TO THIRD PARTY SITES

On occasion, the Sites will provide links to third party sites (hereinafter referred to as the “Third Party Sites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to the Sites, and expressly do not apply to the Third Party Sites. Lin Pernille Photography LLC has no official affiliation with the Third Party Sites, and therefore has no control over the terms and conditions that will apply to the Third Party Sites. As such, it is your responsibility to review the Third Party Sites for their applicable terms and conditions.

Additionally, Lin Pernille Photography LLC does not endorse or take any responsibility for the content or products provided on the Third Party Sites. Consistent therewith, you hereby agree to hold Lin Pernille Photography LLC harmless with respect to your use of the Third Party Sites, despite any link thereto provided on the Sites.

CONFIDENTIALITY

By utilizing the content or purchasing the products contained on the Sites, you expressly acknowledge that such information is confidential, and agree not to disclose any such information to any third party.

INTELLECTUAL PROPERTY/SINGLE USE LICENSE

All content contained in and all products sold on the Sites are the intellectual property of Lin Pernille Photography LLC. As such, any such content and/or products are being provided to you for your individual use and as a single-use license. No license to sell or otherwise distribute Lin Pernille Photography LLC’s intellectual property is express or implied. You are not authorized nor permitted to utilize any such content and/or products on your sites without express permissions from Lin Pernille Photography LLC. By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree (1) not infringe on or otherwise violate Lin Pernille Photography LLC’s intellectual property, (2) to ensure that any confidential information disclosed to you by Lin Pernille Photography LLC remains confidential, and (3) not to disclose any information provided to you by Lin Pernille Photography LLC to any third party. In the event that you violate any provisions of this section of the Terms and Conditions, you agree that Lin Pernille Photography LLC will be entitled to injunctive relief against you in relation to such violations.

SCOPE OF BUSINESS RELATIONSHIP

By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree that each party is an independent contractor in its performance of such services, and nothing contained herein shall render such relationship a partnership, joint venture, or the like. Under no circumstances shall Lin Pernille Photography LLC be deemed your employee, or vice versa.

FORCE MAJEURE

In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, etc.) make it inadvisable, illegal or impossible for either party to perform its obligations under this Agreement, that party’s performance shall be extended (but not excused) without liability for the period of delay.

 

SEVERABILITY/WAIVER

If any provision of these Terms and Conditions are deemed to be invalid or otherwise unenforceable, the remaining terms of the Terms and Conditions shall remain in full force and effect. Additionally, the failure of Lin Pernille Photography LLC to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.

 

LIMITATION OF LIABILITY

You agree that you have utilized the Sites and products contained thereon at your own risk, and under no circumstances will Lin Pernille Photography LLC or any of its subsidiaries by liable to you for any damages (actual, special or consequential) that result from your use of the materials or information on the Sites, or any of the products provided on the Sites. In the event that such a limitation of liability is precluded by law, you expressly agree that any damages you have against Lin Pernille Photography LLC will be limited to the amount that you paid Lin Pernille Photography LLC in connection with the Sites and products contained thereon.

 

NON-DISPARAGEMENT

In the event of a dispute over the content or products provided on the Sites, you agree that you will not engage in any conduct or communication with a third party, public or private, aimed at disparaging Lin Pernille Photography LLC. This includes, but is not limited, refraining from making any sort of communication that may be viewed by a third party that can be construed as derogatory or critical in any manner of Lin Pernille Photography LLC.

 

ASSIGNMENT

You may not assign your rights to utilize the content or products contained on the Sites without the express written consent of Lin Pernille Photography LLC.

 

MODIFICATION

Lin Pernille Photography LLC may modify these Terms and Conditions at any time, without notice.

 

INDEMNIFICATION

By utilizing the content or purchasing the products contained on the Sites, you agree, for yourself, your marital communities and/or spouses (if any), your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors, and accountants, to indemnify and hold harmless Lin Pernille Photography LLC, and their respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors and accountants, and each of them, and anyone chargeable on their behalf, against any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, injuries, damages, costs, expenses, attorney’s fees, judgments, executions, obligations, claims, and demands whatsoever from the beginning of time to the date of this Agreement arising from or relating to your use of said content and or products from the Sites.

 

DISPUTE RESOLUTION

If not resolved first via good faith negotiations, every controversy or dispute with Lin Pernille Photography LLC relating to the content and/or products on the Sites must be submitted to the American Arbitration Association. All claims against Lin Pernille Photography LLC must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced by any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances, you will be responsible for any and all arbitration costs and attorneys’ fees incurred by Lin Pernille Photography LLC.

 

REFUSAL OF SERVICE

Lin Pernille Photography LLC reserves the right to refuse service to any person or entity without reason, including but not limited to restricting access to the Sites and refusing to sell products contained on the Sites.

 

EFFECT OF HEADINGS

The headings or captions of these Terms and Conditions are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions hereof.

 

GOVERNING LAW

These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of New Jersey.

 

PRIVACY POLICY AND EXCEPTIONS

Please see Privacy Policy, below.

 

SCOPE OF USE OF SITE CONTENT

Lin Pernille Photography LLC owns the content contained on the Sites.

Accordingly, you are permitted to do the following with respect to any information contained on the Sites, without need to obtain prior permission:

  • Link to the Sites or any specific post on the sites.

  • Extract any portion of a post on the Sites, provided that you cite the appropriate Site and provide a link to that Site.

  • Print and distribute portions of the Sites for internal distribution within your company.

  • Print any information from the Sites in any non-commercial publication, provided you cite the source of the information and provided information for accessing the source of the information.

If you wish to utilize the content of the Sites in any other manner, you must first obtain the express written consent of Lin Pernille Photography LLC. In order to request such consent, please consent, please contact Lin Pernille Kristensen at lin@linpernille.com.



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