TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Monica Farris Portraits (defined below), which governs your use of Products (defined below) obtained by purchase through this website at monicafarrisphotography.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Monica Farris Portraits

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Monica Farris Portraits.  All such Products are the intellectual property of and are owned by Monica Farris Portraits

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Monica Farris Portraits Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Monica Farris Portraits is a resource through which you may obtain portrait photography services.

 PRIVACY POLICY

Monica Farris Portraits permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: 

Monica Farris Portraits will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Monica Farris Portraits will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Monica Farris Phorophyte is the sole manager of such information collected on the Site.  Monica Farris Portraits will use such information to respond to you as necessary.  You grant Monica Farris Portraits a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Monica Farris Portraits to help support the maintenance of the Site.  Monica Farris Portraits does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Monica Farris Portraits from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Monica Farris Portraits owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Monica Farris Portraits services, and; (d) any other intellectual property rights afforded to Monica Farris Portraits, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Monica Farris Portraits does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Monica Farris Portraits Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Monica Farris Portraits will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Monica Farris Portraits grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Template Products you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Monica Farris Portraits is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Emily London Portraits will not reimburse you for such downloads.  Monica Farris Portraits will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Monica Farris Portraits

 CONTACT

By using the Site and entering personal information, you give Monica Farris Portraits permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Monica Farris Portraits know by emailing us at mfphoto01@yahoo.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final. 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. MONICA FARRIS PORTRAITS OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  MONICA FARRIS PORTRAITS MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, MONICA FARRIS PORTRAITS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO EMILY LONDON PORTRAITS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Utah. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Mission, TX. Monica Farris Portraits reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Monica Farris Portraits products, Materials and services.

Any questions regarding the above Terms may be directed to:

monica@monicafarrisportraits.com

 

Privacy Policy

WHO WE ARE

This privacy policy applies to Monica Farris Portraits, a Mission Texas-based company. This privacy policy will explain how our organization uses the personal data we collect from you when you use our Website.

CONTACT US

If you have any questions about this Privacy Policy, you can contact us by email at monica@monicafarrisportraits.com 

PRIVACY NOTICE

Our Privacy Policy was last updated on 2023

We use your data to provide and improve www.monicafarrisphotography.com (“Website”). By using our Website, you agree to the collection and use of your personal information under this Privacy Policy. 

This privacy notice discloses our privacy policies and practices for our Website. The privacy notice applies solely to information collected by this Website. It will notify you of the following:

1.      Which personal information is collected from you via the Website, how that information is used, and with whom that information may be shared.
2.      The choices that are available to you regarding the use of your data.
3.      All security procedures in place to protect the misuse of your information.
4.      The ways by which you may correct inaccuracies in the information.

DEFINITIONS

“Account” means an individual account created for you to access our Service or parts of our Service.

“Company” (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Monica Farris Portraits

“Country” refers to USA

“Cookies” are small files placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that Website among its many uses.

“Device” means any device that can access our Website, such as a computer, a cell phone, or a digital tablet.

“Do Not Track” (“DNT”) is a concept that has been promoted by U.S. regulatory authorities (in particular, the U.S. Federal Trade Commission (“FTC”)), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites.

“Personal Data” is any information related to an identified or identifiable individual.

“Service” refers to the Website.

“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate our Website, provide our Website on behalf of the Company, perform services related to our Website, or assist the Company in analyzing how our Website is used.

“Usage Data” refers to data collected automatically, either generated by the use of our Website or from our Website infrastructure itself (for example, the duration of a page visit).

“Website” refers to www.monicafarrisphotograhy.com 

“You” means the individual accessing or using our Website, or the Company, or other legal entity on behalf of which such individual is accessing or using our Website, as applicable.

INFORMATION COLLECTION, USE, AND SHARING 

We collect the following data:

•       Personal identification information, such as name, email address, phone number, etc.

We are the only owners of all information collected on and by this Website. We shall only have access to or collect information that you voluntarily give us via email or other direct forms of contact from you. We will not sell or rent your information to anyone.

We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization except as necessary to fulfill your request (for example, to ship an order).

Please note that, unless you ask us not to, we may contact you via email in the future to inform you about specials, new products or services, or changes to this privacy policy.

COMPANY’S USE OF INFORMATION

The Company may use your information for the following purposes:

•       To provide and maintain our Service, including monitoring our Service’s usage.
•       To manage your Account: to manage your registration as a service user. The personal data you provide can give you access to different Service functionalities that are available to you as a registered user.
•       For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services you have purchased or of any other contract with us through the Service.
•       To contact You: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
•       To provide you with updates, special offers, and general information about other goods, services, and events that we offer that are similar to those you have already purchased or inquired about unless you have opted not to receive such information.
•       To manage Your requests: To attend and manage your requests to us.
•       For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our service users is among the assets transferred.
•       For marketing: Our Company would like to send you information about our products and/or services that we think you might like, as well as those of our partner companies. 
•       If you have agreed to receive marketing content, you may opt-out. You have the right at any time to stop us from contacting you for marketing purposes or giving your data to other organizations.
•       For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, products, services, marketing, and your experience.

We may share your personal information in the following situations:

•       With Service Providers: We may share your personal information with service providers to monitor and analyze the use of our Service for payment processing to contact you.
•       For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
•       With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. 
•       With business partners: We may share your information with our business partners to offer you certain products, services, or promotions.
•       With other users: When you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
•       With Your Consent: We may disclose your personal information for any other purpose with your consent.

If you agree, Company may share your data with our partner companies so that they may offer you their products and services.

 

TRANSFER OR DISCLOSURE OF YOUR PERSONAL DATA

Your information, including personal data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. This information may be transferred to — and maintained on — computers outside your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. Your consent to this Privacy Policy and your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to treat your data securely and in accordance with this Privacy Policy. No transfer of your personal data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, your data may be transferred. We will provide notice before your data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose your personal data if ao required by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other legal requirements

The Company may disclose your personal data in the good faith belief that such action is necessary to:

●          Comply with a legal obligation

●          Protect and defend the rights or property of the Company

●          Prevent or investigate possible wrongdoing in connection with our Website

●          Protect the personal safety of users of our Website or the public

●          Protect against legal liability

YOUR ACCESS TO AND CONTROL OVER INFORMATION

You may opt-out of any future contacts from us at any time. You can contact us via the email address or phone number listed on our Website. You can also request the following:

•        See what data we have about you, if any.
•        Change/correct any information we have about you.
•        Have us delete any data we have about you.
•        Express any concern you have about our use of your data.

YOUR DATA PROTECTION RIGHTS

We want to make sure you are fully aware of your data protection rights. Every user is entitled to the following:

The right to access. You have the right to request from us copies of your personal data. We may charge you a small fee for this Service.

The right to rectification. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete the information you believe is incomplete.

The right to erasure. You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing. You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing. Under certain conditions, you have the right to object to our processing of your personal data.

The right to data portability. You have the right to request that we transfer the data collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you.

“DO NOT TRACK” POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA)

Our Website does not respond to Do Not Track (“DNT”) signals. However, some third-party websites do keep track of your browsing activities. If you visit such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting your web browser’s preferences or settings page.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Website before the change becomes effective and update the “Last Updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

SECURITY OF YOUR PERSONAL DATA

We take all appropriate precautions to protect your information. The security of your personal data is important to us. Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% secure. We strive to use commercially acceptable means to protect your personal data, but we cannot guarantee its absolute security.

When you submit sensitive information via our Website, your information is protected online and offline. Any time we collect sensitive information (like credit card data), that information is encrypted and transmitted to us securely. 

We also protect your information offline. Only employees who need the information to perform a specific job (e.g., billing or customer service) are given access to your personal information. The computers/servers in which we store personal data are also kept in a secure environment.

LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that we do not operate. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and responsibility for any third-party sites or services’ content, privacy policies, or practices.

NON-PERSONAL INFORMATION

Our website host, advertising network, advertisers, and affiliates may collect non-personal information such as your IP address, the type of browser you are using, the referring website, the operating system you are using, your Internet service provider, the search terms you use on our Site, the specific web pages you visit, and the duration of your visits.

THIRD-PARTY ADVERTISING

We may use third-party advertising companies to serve ads on the Website. Those companies may use non-personal information about your visit to the Website to display ads for goods and services which may be of interest to you.

CHANGES TO THIS PRIVACY POLICY

We may update the Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

SHARING

We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any person.

And/or:

We frequently use an outside shipping company to ship orders and a credit card processing company to bill users for goods and services. These companies will not retain, share, store or use personal information for any secondary purposes beyond filling your order.

And/or:

We partner with another party to provide certain services. When a user signs up for these services, our policy is to share names or other contact information necessary for the third party to provide these services. However, these parties are not permitted to use personal information except to provide these services.

REGISTRATION

To use this Website, a user must first complete our registration form. The user must provide certain information (like name and email address). This information may be used to contact you about the products/services on our Website in which you have expressed interest. You can also provide demographic information (such as gender or age) about yourself at your option.

SURVEYS & CONTESTS

Our Website sometimes requests information via surveys or contests. Participation in these surveys or contests is always completely voluntary. You may choose whether or not to participate and therefore disclose this information. Information requested during these surveys or contests may include contact information (like name and shipping address) and demographic information (like zip code, age group, etc.). We will use contact information to notify winners and award prizes. Survey information will be used for monitoring or improving the use and satisfaction of this Website.

ORDERS

We require certain information from you on our order form. You must provide contact information (such as name and shipping address) and financial information (like credit card number, expiration date) to buy from us. This information is used for billing purposes and to fill your orders only. However, if we have trouble processing an order, we’ll use this information to contact you.