Terms and Condition of Use

This website (the “Website”) is provided to you under these Terms and Conditions of Use (the “Agreement”) and any amendments or supplements to them that may be posted by Victoria Leavens Photography from time to time.

  • Binding Agreement

    By using the Website, you accept these Terms and Conditions and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms and Conditions.

  • Modification or Suspension of the Website

    You agree the Victoria Leavens Photography (Victoria Leavens) may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporary or permanently, without notice to you, and you agree that Victoria Leavens Photography (Victoria Leavens) will not be liable for any consequences of doing so.

  • Modifications to the Terms of Use

    Victoria Leavens Photography or Victoria Leavens may make changes to these Terms and Conditions from time to time in its sole discretion, and will post any such change on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

  • Contact Information

    If you have any questions or concerns.with respect to these Terms and Conditions or the Website you may contact Victoria Leavens of Victoria Leavens Photography by email at: pvsaleavens@gmail.com.

  • Electronic Communication

    When you communicate with us via email through the Website, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

  • Compliance with Laws

    You agree to comply with all applicable laws, statues, rules and regulations regarding your use of the Website, including, without limitation, intellectual property laws and privacy laws.

  • Protection of Intellectual Rights and License

    You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos (collectively, the “Intellectual Property”), is protected by copyright law, patent law, and/or other proprietary rights and Laws. All photographs displayed on this website are sole property of Victoria Leavens. All other content on this website is owned by Victoria Leavens Photography (Victoria Leavens). Except as expressly authorized by Victoria Leavens or Victoria Leavens Photography herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

    You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other displayed on or included with the content.

    You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Website in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior written permission of Victoria Leavens or Victoria Leavens Photography.

    You may not frame any trademark, logo, or other proprietary information on this Website without express, prior written consent of Victoria Leavens Photography or Victoria Leavens. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted herein are reserved.

    None of the material contained on the Website (including all software, HTML code and other code) may be reverse engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or other wise), resold or redistributed without the prior written permission of Victoria Leavens Photography or Victoria Leavens.

    Except as otherwise noted, all rights, title and interest, including all copyrights, in and to all photographs posted on this Website are owned exclusively by Victoria Leavens.

    Except as otherwise noted, all other content posted on this Website is : Copyright © 2020, 2023 Victoria Leavens. All Rights Reserved.

    Victoria Leavens Photography and Victoria Leavens has adopted a policy or terminating services to users who willfully and/or repeatedly infringe.

  • Trademark/Service Marks

    You may not use or display any trademark, logos or service marks (collectively, the “Mark”) displayed on the Website. Nothing contained on the Website should be construed as granting any right or license to use any of the Marks displayed on the Website; your misuse of any Mark is strictly prohibited.

  • Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL VICTORIA LEAVENS PHOTOGRAPHY AND VICTORIA LEAVENS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREECH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT VICTORIA LEAVENS PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  • Disclaimer of Warranties with Respect to Use of Website

    THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VICTORIA LEAVENS PHOTOGRAPHY AND VICTORIA LEAVENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    VICTORIA LEAVENS PHOTOGRAPHY AND VICTORIA LEAVENS DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. VICTORIA LEAVENS PHOTOGRAPHY AND VICTORIA LEAVENS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

  • Indemnification

    You agree to indemnify and hold Victoria Leavens Photography and Victoria Leavens, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorney’s fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; Your breach of Agreement; and your connection to the Website.

  • Severability of Agreement

    If any provision of the agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

  • Applicable Law

    The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the state of Arizona applicable to contracts entered into be wholly performed therein, without giving effect to any principle of conflicts of law or choice of law.

    Any legal action or proceeding between Victoria Leavens Photography and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

These Terms and Conditions updated May 7, 2024