Thank you for visiting this SojournPhotography.com ("Sojourn Photography") web site ("Site"). The Site provides general information as well as products available for purchase. Your activities and acquisitions at the Site are governed by: the Terms & Conditions set forth below and the notices, and consents that are provided in connection with the Site (collectively, "Agreement"). As used in the Agreement, "you" are an individual acting on your own behalf, or "you" are an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf.
The information available on this Site, including,
without limitation, reviews, opinions, directions, guides, graphics,
photographs, logos, audio or video clips, and data (collectively "Content")
may contain information not provided by Sojourn
Photography. Sojourn Photography does
not certify or endorse the Content on this Site, including, without
limitation, any opinion, recommendation, advice, or any other information
contained in the Content.
TABLE OF CONTENTS
By using the Site or by placing an order through it, you agree as follows:
1. Agreement to Deal Electronically; Electronic Communications and
If you do not wish to deal with Sojourn Photography electronically, you should not enter into this Agreement or use the Site. Sojourn Photography may complete any transaction initiated by you at the Site prior to termination of your use of the Site and may continue to provide you all notices related to the transaction electronically. If applicable law now or hereafter requires Sojourn Photography to communicate with you non-electronically, we reserve the right to charge a fee for doing so. You agree that we may chose (from time to time) to provide all or any part of our services non-electronically.
3. Unauthorized Use of Your Password.
ALL INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE presenting YOUR Password ON THE SITE ARE BINDING ON YOU. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Sojourn Photography immediately. You authorize Sojourn Photography to refuse to accept any further orders placed under that password on your behalf – and Sojourn Photography will use commercially reasonable efforts to block such orders.
4. Changes to the Agreement.
The license in this Section 5 does not include permission
to copy the design elements, "look and feel" or layout of the Site. Those
elements are protected by law, such as trade dress, trademark, unfair
competition, and other laws, and may not be copied or imitated in any
manner. Except as expressly provided in this Agreement, neither
Sojourn Photography nor any third party has conferred upon you by
implication, estoppel, or otherwise, any license or right under any patent,
copyright, trademark, trade secret or any other proprietary right.
6. Submission of Comments; Ideas and Other Information.
Any comments or information that you provide to Sojourn Photography, for example, feedback or ideas in response to a customer survey regarding the Site, suggestions, ideas, concepts, or other information are collectively deemed "Submissions." None of the Submissions will be subject to any obligation of confidence on the part of Sojourn Photography, and Sojourn Photography will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant Sojourn Photography a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, Sojourn Photography will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Sojourn Photography may sublicense these rights to third parties.
7. Copyright Infringement Notification & Other Reports.
Sojourn Photography relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify Sojourn Photography agent:
To be effective, the Notification must include the following:
ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
You represent and warrant for the benefit of Sojourn Photography and Sojourn Photography’s licensors and suppliers that: (a) you are at least 18 years of age or you have obtained parental consent to use the Site; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; (c) all information that you submit to us is true, accurate, and current; (d) you will keep your registration information current; (e) you will be responsible for all use of your password even if such use was conducted without your authority or permission; and (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
No promotion (e.g., special price discount) is offered by Sojourn Photography unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that Sojourn Photography is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Sojourn Photography reserves the right to withdraw or refuse to honor any promotion that has been altered or modified – other than by Sojourn Photography.
10. Order Availability, Shipping & Cancellation.
All items ordered from Sojourn Photography are subject to availability. We reserve the right to reject any and all orders. Subject to applicable law, Sojourn Photography reserves the right to deliver items acquired as part of your order at different times or locations in the event that they are not available for shipment at the same time or from the same location. Sojourn Photography also reserves the right to limit the quantity of any items that may be obtained by you through the Site.
11. Payment; Credit for Refunds & Pricing.
Only valid credit cards and transfers from PayPal verified accounts acceptable to Sojourn Photography may be used for orders placed with Sojourn Photography, and all refunds will be credited to the same card or account. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling, and any amounts described on the Site before order submission) to your card or PayPal verified account. If your card or account cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled without notice at Sojourn Photography's sole discretion. You agree to update your card and account information to keep it current at all times and that we may submit charges for processing even if your card or account has expired.
You agree to defend, indemnify and hold harmless Sojourn Photography, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
13. DISCLAIMERS OF WARRANTIES.
SOJOURN PHOTOGRAPHY IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THIS SITE. THIS SITE AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. SOJOURN PHOTOGRAPHY AND SOJOURN PHOTOGRAPHY’s LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.
IN ADDITION, SOJOURN PHOTOGRAPHY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
14. Links to Third Party Sites.
As a convenience, we may provide links to third party web
sites from the Site. Sojourn Photography is not responsible for and does not
endorse the informational content or any products or services available on
any third-party web site and does not make any representations regarding its
content or accuracy. We do not control any third party web site, and we are
not liable for any technological, legal or other consequences that arise out
of your visit or transactions there. Your use of third party web sites is at
your own risk and subject to the terms and conditions of use for such sites.
This means that we are not your agent and will not be a party to any
contract you enter.
IN NO EVENT WILL SOJOURN PHOTOGRAPHY OR SOJOURN
PHOTOGRAPHY’s LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY,
FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE,
LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS
SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN
THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
CONTRACT, OR BREACH OF WARRANTY OF SOJOURN PHOTOGRAPHY AND EVEN IF
SOJOURN PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. CALIFORNIA LAW AND CALIFORNIA (EL DORADO COUNTY) FORUM; ONE-YEAR STATUTE OF LIMITATIONS.
17. Miscellaneous; Entire Agreement.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Sojourn Photography with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Sojourn Photography regarding the Site and/or any order you place through it.