TERMS OF USE
Last Modified Date: February, 2016
ACCEPTANCE
The Site Terms are also available on the bottom navigation bar of each page. They protect our website from misuse.
These Site Terms apply to your use of this Site. Please read these terms carefully before using this site. By visiting or using this Site, or by agreeing to the Online Agreement, you accept these Site Terms. Continued use of this Site constitutes your acceptance of any revisions to these Site Terms.
DEFINITIONS
These are definitions used in this agreement.
‘Site’ means saragostonczikphotography.com, saragostonczikphotography.mobile.com, mysgphoto.com, and other Internet sites operated by Sara Gostonczik Photography. ‘Sara Gostonczik Photography’ or ‘us’ or ‘our’ refers to Sara Gostonczik Photography and its Limited Liability Company or subsidiaries. ‘You’ or ‘your’ means the user of this Site.
DISCLOSURES
This section provides legal disclosures about the content on saragostonczikphotography.com. You accept delivery of the following disclosures that relate to information at this Site.
Suggestions:
Suggestions and offers on this Site are not recommendations, unless expressly identified as such, and may not be appropriate for all users, even where the Site indicates that users like you have purchased a product.
Legal Advice:
This Site is not intended to provide legal advice through the Products, Materials and services of Sara Gostonczik Photography, and nothing contained is intended to form an attorney-client relationship. Your interaction with Sara Gostonczik Photography does not form such a relationship. Sara Gostonczik Photography’s performance of services offered through or advertised by the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an attorney-client relationship in any circumstance. Consult a legal professional for advice regarding your specific situation or use of such products or services.
Foreign Jurisdictions:
Sara Gostonczik Photography products and services are available only in those jurisdictions where Sara Gostonczik Photography is authorized or permitted by local law to promote or sell them.
Computer Requirements:
To use this Site, you must have a personal computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Site. We reserve the right to change the system requirements for using this Site.
POSTING COMMENTS
This section explains our policy regarding postings on this Site. We do not publish all postings. We may disclose your identity in response to legal actions. Sara Gostonczik Photography owns the content you submit.
Our Right to Publish:
By posting a comment on this Site or on Sara Gostonczik Photography-sponsored message boards, discussion forums or other interactive content on third party sites, you agree that Sara Gostonczik Photography may publish your comment in whole, or in part. Sara Gostonczik Photography does not agree to post all comments received. Sara Gostonczik Photography reserves the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Site Terms, or is defamatory or duplicative.
Identification of Posters:
When you submit a posting to Sara Gostonczik Photography on this or other sites, Sara Gostonczik Photography may identify you by: your hometown, and state; and your first name, or last name and initial, or an alias that you have provided to us; your ‘client since’ date; and other information that does not specifically identify you.
Disclosure in Legal Actions:
Sara Gostonczik Photography reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in defense of Sara Gostonczik Photography.
Ownership of Content:
Sara Gostonczik Photography retains ownership of all postings submitted on this Site, except when copyrighted material is posted.
PROHIBITED USES
This section explains ways you are prohibited from using this Site, including using it for your own commercial use, sending inappropriate emails, providing false information, accessing this Site if not authorized, and improperly using Sara Gostonczik Photography’s name.
Personal Use Only:
You will use the Site only for your personal, noncommercial use unless you and Sara Gostonczik Photography have agreed otherwise in writing. Use in connection with policies or accounts with Sara Gostonczik Photography in the name of your business are considered personal use.
Electronic Mail: You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.
Access:
You may not use this Site in any manner that could damage or overburden any Sara Gostonczik Photography equipment or software. You may not use any means of systematic retrieval of data or other content from this Site. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by Sara Gostonczik Photography. You may not use the login information of another person, unless they specifically authorized you to do so.
False Information:
You may not intentionally provide any false information when you register for this Site, apply for products or services from Sara Gostonczik Photography, post comments on this Site or on Sara Gostonczik Photography -sponsored web pages, or complete your profile.
Framing:
You may not frame any Site content.
Links:
You agree to obtain our permission before creating a hyperlink or similar link or connection to this Site.
Endorsements:
You may not use Sara Gostonczik Photography’s name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by Sara Gostonczik Photography without express written permission.
THIRD PARTY PRACTICES
This section explains that we do not control some third parties that are linked from this Site.
This Site contains links to other Internet sites that are not maintained by Sara Gostonczik Photography. Unless otherwise stated, Sara Gostonczik Photography does not assume responsibility for and makes no warranties or representations regarding these websites or the contents, products or services offered on them. Sara Gostonczik Photography does not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Sara Gostonczik Photography from any loss or damage occurred from dealing with such affiliate.
INTELLECTUAL PROPERTY
This section explains how to respect the intellectual property of Sara Gostonczik Photography, how to report copyright infringements and how we will treat ideas you submit to us.
Unsolicited Submissions:
Unless otherwise stated, Sara Gostonczik Photography does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its services and products. Any such postings to this Site and electronic mail delivered to Sara Gostonczik Photography will be considered non-confidential and non-proprietary, and will remain, the exclusive property of Sara Gostonczik Photography. Sara Gostonczik Photography may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation. Personal information transmitted to us will be treated in accordance with Sara Gostonczik Photography’s Privacy Policy.
Sara Gostonczik Photography:
This entire Site is the copyrighted work of Sara Gostonczik Photography. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
Product Purchases:
“Products” referred to by these Terms include but are not limited to: images, 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 Sites, obtained from Sara Gostonczik Photography. All such Products are the intellectual property of and are owned by Sara Gostonczik 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 the Terms or find them otherwise unacceptable, please discontinue use of Sara Gostonczik Photography’s Products immediately.
Legal Age:
By using Sara Gostonczik Photography’s site, services, products or other related applications you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract or Agreement.
Stock Photography:
Stock photography may be used on the Sites. All images are being used under a license through the company providing the stock images.
Trademarks:
By providing content, we do not allow you to use trademarks referenced in this Site. You may not use any meta tags or any other ‘hidden text’ using Sara Gostonczik Photography’s name or trademarks without the express written consent of Sara Gostonczik Photography. The trademarks, logos, and service marks (‘Marks’) displayed on the Site are the property of Sara Gostonczik Photography or other parties. Users are prohibited from using any Marks without the written permission of Sara Gostonczik Photography or the third party that owns the Marks.
Copyright Infringement Claims:
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Site may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit Sara Gostonczik Photography to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Sara Gostonczik Photography. Written notice must be sent to: Sara Gostonczik Photography, 1431 11th St N, New Ulm, Minnesota 56073.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This section disclaims all warranties and liabilities related to this Site.
This Site is provided by Sara Gostonczik Photography on an ‘as is’ and ‘as available’ basis. To the full extent permissible by applicable law, Sara Gostonczik Photography disclaims all warranties, express or implied, including, but not limited to, implied warranties of Merchantability and fitness for a particular purpose. Sara Gostonczik Photography will not be liable to you or anyone else for damages of any kind arising from the use of this Site, INABILITY TO USE THIS SITE, or circumstances beyond its control, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, even if Sara Gostonczik Photography is expressly advised of the possibility of such damages. Some states do not allow limitations on warranties or certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. SARA GOSTONCZIK PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES, 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 PRODUCTS, MATERIALS, OR SERVICES AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, SARA GOSTONCZIK 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 SARA GOSTONCZIK PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
MISCELLANEOUS
This section describes the law that will apply, and how and where we will handle disputes. It also has provisions that help in interpreting this agreement and how it relates to other agreements you may have with us. It describes how the agreement may be changed by us and the last date it was modified.
Governing Law:
Use of this Site and the Online Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of laws, unless otherwise specified in the applicable Product Agreement. The Uniform Computer Information Transactions Act or any substantially similar law, if enacted, will not govern any aspect of these Site Terms, your access to this Site or the Online Agreement.
Return/Refund Policy:
You acknowledge that all Products, materials, and services are non-refundable and not returnable, under any circumstances. All sales are final.
Jurisdiction and Venue:
If any claim or dispute under these Site Terms is not subject to Arbitration or an alternative as described in the Arbitration Procedures in the Online Agreement, then exclusive jurisdiction and venue shall be with a court of competent jurisdiction in Brown County, Minnesota. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.
Severability:
If any provision of these Site Terms or the Online Agreement is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.
Waivers:
Any waiver of any provision of these Site Terms or the Online Agreement will be effective only if in writing and signed by an authorized representative of Sara Gostonczik Photography. Any delay or omission by Sara Gostonczik Photography to exercise any rights under these Site Terms or the Online Agreement shall not be construed to waive any rights.
Conflicts:
In the event of a conflict between these Site Terms or the Online Agreement and your Product Agreement, the Product Agreement shall control.
Survival:
Certain provisions of this Agreement by their nature shall continue in full force and effect after termination, including authorizations you have granted, the Disclaimer of Warranties and Limitation of Liability, Arbitration, and Jurisdiction/Enforceablity.
PRIVACY POLICY
Sara Gostonczik Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy, which is incorporated herein by reference.
Sara Gostonczik Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Sara Gostonczik 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. Sara Gostonczik Photography is the sole manager of such information collected on the Sites. Sara Gostonczik Photography will use such information to respond to you as necessary. You grant Sara Gostonczik 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.
CONTACT
By using the Sites and entering personal information, you give Sara Gostonczik Photography 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 Sara Gostonczik Photography know by emailing us at sara@saragostonczikphotography.com, and we will kindly refrain from doing so.
