IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
“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 Sway Photography. All such Products are the intellectual property of and are owned by Sway Photography.
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 Sway Photography's 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
Sway Photography is a resource through which you may obtain portrait photography services.
Sway Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Sway Photography 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. Sway Photography is the sole manager of such information collected on the Site. Sway Photography will use such information to respond to you as necessary. You grant Sway Photography 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.
Links on the Site may be affiliate links controlled by parties other than Sway Photography to help support the maintenance of the Site. Sway Photography 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 Sway Photography from any loss or damage incurred from dealing with such affiliate.
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
Sway Photography 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 Sway Photography services, and; (d) any other intellectual property rights afforded to Sway Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Sway Photograpy 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 Sway Photography Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Sway Photography 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.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. Sway Photography OFFERS NO WARRANTY, EXPLICIT OR IMPLIED.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, Sway Photography 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 Sway Photography, 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 Colorado. 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 Superior, CO. Sway Photography 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 Sway Photography's Products, Materials and services.
Any questions regarding the above Terms may be directed to:
All rights reserved © Copyright 2020 Sway Photography
BACK TO THE BODY TERMS & CONDITIONS:
All efforts will be made to meet your needs. Your images will be delivered within 30d ays of your shoot, via a private web gallery and prints mailed to you. Please provide your shipping address.
Responsibilities: While Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that this is an uncontrolled event and that due available light, time restrictions, location limitations and the willingness of subject.
Photographer cannot guarantee that all requested photographs will be produced.
Photographer takes the utmost care with respect to exposure, transportation and processing the photographs. However, in the unlikely event that all photographs have been lost, stolen, damaged or destroyed for reasons beyond Photographer’s control, Photographer’s liability is limited to the return of all payments received for the session. The limit of liability for a partial loss of originals shall be a prorated amount of the package selected, based on the percentage of originals lost.
If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Clients and Photographer shall have no further liability with respect to this agreement.
I want you to be happy with your purchase and I will strive to make sure you are completely satisfied. However due to the nature of the product, all sales are final.
Sway Photography is a sub contractor of Back to the Body. Images are edited at Sway Photography's discretion, and digital files will be delivered via a private web gallery. Web gallery will not include all images shot. I reserve the creative right to edit and release only those deemed creditable as professional in quality and within my artistic standards.