Terms of Service
Welcome to Jessie Wyman Photography (JWP). Please read these Terms of Service (TOS) carefully. The TOS govern your use of the JWP website, JWP online galleries, and JWP course, membership, and account-hosting sites (collectively, the “Sites”). This is a binding contract between you and JWP. By using the Sites, you confirm your agreement to the TOS. If you do not agree, you are prohibited from using the Sites.
The TOS may be updated from time to time. If a material change is made, notice will be posted to the JWP website. Updates will be effective immediately and updated versions will be posted here. If at any time you do not agree with any updated version of the TOS, you must stop using the Sites. The TOS were last updated on July 31, 2020.
Description
JWP is a branding photography business based in Massachusetts, USA. The Sites facilitate authorized access to JWP services, products, and educational content. If you have any questions about the TOS, please contact JWP at JessieWymanPhotos@gmail.com.
Changes to the Website
JWP Sites may be changed at any time. Furthermore, JWP cannot guarantee uninterrupted service. For example, service may be interrupted due to technical difficulties or when the Sites are being updated. Neither can JWP guarantee that the Sites will always exist. For example, the Sites may be withdrawn if the business is sold.
Privacy
JWP’s practices regarding privacy are available here.
Your Use of The Sites
You agree to use the Sites in accordance with the TOS.
Your License
JWP grants to you, subject to the TOS, a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the software and content which JWP owns, or of which JWP is a licensee, for the limited purpose of accessing and using the Sites.
Linking to The JWP Website
You may link to the JWP website if doing so is fair, legal, and does not damage JWP’s reputation or take advantage of it. You must not inaccurately suggest any association with, approval of, or endorsement from JWP. Framing is prohibited, as is linking to any part of the website other than the home page. JWP reserves the right to withdraw linking permission without notice.
Communicating with JWP
The Sites enable you to communicate with JWP via online forms, email, comments to the blog, and the provision of contact information. When you communicate with JWP, you agree not to provide information or content that would violate the rights of a third party. You also agree not to engage in any Unauthorized Use, as defined below.
Viruses, Malware, and Hacking
JWP takes steps to make sure that the Sites are secure. However, JWP cannot guarantee security as no method is 100% effective. It is your responsibility to keep your device updated and equipped with relevant virus protection measures.
You will not introduce viruses, trojans, malware, worms, logic bombs or any other material that is malicious or harmful. You will not attempt to gain unauthorized access to the Sites, the Sites’ servers, or any server, computer, or database associated with the Sites. You will not engage in denial-of-service or distributed denial-of service attacks against the Sites. If you are suspected of violating this provision, JWP will have the right to disclose your identity to law enforcement authorities and to terminate your right to use the Sites.
Unauthorized Use
The Sites may only be used for lawful purposes. Furthermore, all Unauthorized Use of the Sites is prohibited. “Unauthorized Use” includes but is not limited to:
● Violation of any law, regulation, or ruling of a public authority
● Use that violates the copyright, patent, trademark, trade secret, or any other intellectual property rights of JWP or any third party
● Provision of content that is harmful, harassing, or fraudulent
● Conduct that amounts to harassment, stalking, discrimination, hate speech, abuse, or fraud
● Unsolicited advertising, promotion, or spam
● Sharing your account or login credentials with others, or otherwise making non-public parts of the Sites susceptible to unauthorized access
● Aggregating, copying, or duplicating any of the Sites’ content
● Hacking or any other unauthorized access or use of the Sites
Your Account
For certain JWP products and services, you are offered the ability to create an account. It is your responsibility to safeguard your login credentials. JWP has the right to disable your account if JWP believes that you have failed to comply with the TOS. If you know, or suspect, that someone other than you has obtained access to your account, you must notify JWP immediately at JessieWymanPhotos@gmail.com.
Ownership Rights
The Sites and all of their content - including but not limited to text, designs, graphics, photos, sounds, music, videos, blog posts, and artwork (the "Content") - are owned or licensed by JWP and are protected by copyright, trademark, and other intellectual property laws. Outside of the specific usage rights granted to you by JWP, you agree not to use, copy, edit, display, distribute, download, sell, create derivative works of, or in any way exploit any Content without JWP’s prior written consent. In addition, you agree not to change or delete any existing ownership notices.
Unauthorized use of the Content may constitute a breach of intellectual property laws and subject you to criminal or civil penalties. JWP reserves all rights with respect to the Content.
Photographs in Protected Online Galleries
If you book a photography session with JWP, the resulting images will be placed in a protected online gallery. These images are the intellectual property of JWP and JWP owns all copyright in these images. However, JWP grants to session clients a limited, non-transferable, non-sublicensable, non-exclusive license to use these images on the client’s social media accounts, website, and promotional material such as business cards. If you require additional licensing, you must request permission from JWP. Furthermore, You must not permit third parties to use these images without first obtaining permission and a license from JWP.
Subscription Billing
If you purchase a membership subscription, fees are billed on an automatic, recurring basis. You authorize JWP to charge these automatic, recurring fees until you cancel your subscription.
You can cancel your membership at any time. To avoid upcoming charges you must cancel at least 30 days before the billing date. For example, if your next billing date is August 15, you must cancel by July 16. If you are having trouble understanding how to cancel your membership, email JWP at JessieWymanPhotos@gmail.com.
If you fail to make a payment on time, or if your method of payment is declined, you will be charged a 5% late fee. If you continue to miss payments, JWP will have the right to terminate your subscription.
Refund Policy
● Digital Products: Digital products such as presets and stock photos are automatically downloaded onto your device. As a result, these products are not refundable.
● Photography Sessions: Photography sessions booked through the Sites are generally not refundable unless the photographs violate JWP quality standards.
● Courses: Refund policies for courses vary depending on the course. You are encouraged to review the course refund policy, which is available at the time of purchase.
● Membership: Refunds are available on a prorated basis. Please note that you will not be refunded for services that have already been completed.
To request a refund, please contact JessieWymanPhotos@gmail.com.
Electronic Communication
You agree to do business with JWP electronically. By agreeing to do business electronically, you consent to electronic communication, electronic delivery of goods and services, and binding electronic signature methods (including the clicking of a checkbox).
Third Party Content
The Sites contain links to third party websites. These links should not be interpreted as JWP’s approval of these third parties and JWP is not responsible for the service, availability, or content of third party websites. Instead, your use of these websites is subject to their terms of service. You agree that JWP will not be liable, directly or indirectly, for any damage or loss which may arise from or be related to your use of third party websites, content, goods, or services.
Disclaimer
Nothing on the Sites is meant to constitute legal, financial, accounting, or health advice. Although JWP makes reasonable efforts to keep the Sites updated, there are no guarantees that the content is accurate, complete, or up-to-date. JWP makes no guarantee regarding results or profitability for your business. To the full extent permitted by law, JWP disclaims any and all implied warranties.
Children
The Sites are not intended to be used by children. You represent that you are at least 18 years of age. If you are not at least 18 years of age, you are prohibited from using the Sites.
Representations and Warranties
By using the Sites, you represent and warrant that:
● You possess the legal right and ability to enter into the TOS and to use the Sites in accordance with the TOS.
● You will be financially responsible and otherwise responsible for your use of the Sites.
● You will provide true and accurate information about yourself. You will not impersonate anyone else or pretend to be someone else.
If you provide any information that is untrue, inaccurate, or incomplete, JWP will have the right to terminate your account and refuse current and future use of the Sites.
Limitation of Liability
You agree that JWP and its owners, officers, directors, employees, members, managers, partners, contractors, agents, and representatives, will not be liable for any damage or loss of any kind, regardless of the nature or cause, that arises out of or relates to your use of the Sites or your purchase, possession, or use of a good or service, even if JWP has been advised of the possibility of such damage or loss. You assume full responsibility for your use of the Sites and your only remedy is to stop using the Sites.
Indemnification
You agree to indemnify, hold harmless, and defend JWP and its owners, officers, directors, employees, members, managers, partners, contractors, agents, and representatives (the “Indemnified Parties”) against any claim or demand, including but not limited to reasonable attorney fees, made by any third party arising from or related to your use of the Sites, violation of the TOS, violation of any law, or violation of the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, fully and forever release and discharge the Indemnified Parties from any and all claims or causes of action relating in any way to your use of the Sites.
Assignability
You agree that JWP may assign its rights under the TOS to someone else in the event of merger, acquisition, or sale of any part of the business. If JWP undergoes a merger, acquisition, or sale, notice will be posted on the JWP website.
No Waiver
Any failure of JWP to enforce strict performance of any provision of the TOS will not be construed as a waiver of any provision or right.
Severability
Should any part of the TOS be judged unenforceable, it will not limit the right of JWP to enforce the remainder of the TOS.
Choice of Law
The TOS and any disputes arising under or related to the TOS will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any legal actions, suits, proceedings, disputes, controversies, or claims arising out of or relating to the TOS, will be brought exclusively in a court of competent jurisdiction located in Massachusetts. To the fullest extent permitted by law, you accept and submit to personal jurisdiction in Massachusetts and you waive any right to a jury trial.