Terms and Conditions

Last Updated: June 15, 2024

Welcome to PineWindow Photography. These Terms and Conditions ("Terms") govern your access to and use of our website at pinewindow.sbs (the "Website") and our services, including photography services, blog content, and any related products or materials (collectively, the "Services").

Please read these Terms carefully before using our Website or Services. By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website or Services.

1. Acceptance of Terms

By accessing or using our Website or Services, you confirm that:

2. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Website. Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.

3. Services

3.1 Photography Services

PineWindow Photography provides various photography services, including but not limited to portrait, landscape, commercial, and event photography. All photography services are subject to availability and our discretion.

3.2 Service Agreements

Specific photography services may require separate service agreements with additional terms and conditions. In the event of a conflict between these Terms and any service-specific agreement, the terms of the service-specific agreement will prevail.

3.3 Content

Our Website provides various content, including blog posts, articles, photographs, and other materials. This content is provided for informational and educational purposes only.

4. User Accounts

4.1 Account Creation

Some features of our Website or Services may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3 Termination of Account

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

5. Intellectual Property

5.1 Our Intellectual Property

The Website, Services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by PineWindow Photography, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for your personal, non-commercial use.

5.3 Restrictions

You may not:

5.4 Photography Ownership

Unless otherwise agreed in writing, PineWindow Photography retains ownership of all photographs taken by our photographers. Depending on the service package or agreement, clients may be granted specific usage rights for personal or commercial use.

6. User Contributions

6.1 User Content

The Website may contain message boards, chat rooms, personal profiles, forums, or other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions").

6.2 License to User Contributions

By providing any User Contribution, you grant us and our affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such User Contributions in any manner and for any purpose.

6.3 Representations and Warranties

You represent and warrant that:

7. Prohibited Uses

You agree not to use the Website or Services:

8. Payments and Fees

8.1 Pricing

Prices for our Services are subject to change without notice. We reserve the right to modify or discontinue any Service without notice at any time.

8.2 Payment Terms

Payment terms vary by service and are specified in the applicable service agreement or order form. Unless otherwise stated, payments are non-refundable and non-transferable.

8.3 Taxes

You are responsible for paying all taxes, duties, and other governmental charges associated with your use of the Services, except for taxes based on PineWindow Photography's net income.

9. Cancellations and Rescheduling

9.1 Photography Sessions

Cancellation and rescheduling policies for photography sessions are specified in the applicable service agreement or booking confirmation. Generally, cancellations made within 48 hours of the scheduled session may be subject to a cancellation fee.

9.2 Force Majeure

PineWindow Photography is not liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, fire, or governmental action.

10. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PineWindow PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO EVENT WILL PineWindow PHOTOGRAPHY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, SERVICES, CONTENT, OR MATERIALS ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless PineWindow Photography, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

14. Waiver and Severability

No waiver by PineWindow Photography of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms, our Privacy Policy, and any service-specific agreements constitute the sole and entire agreement between you and PineWindow Photography regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

16. Contact Information

Questions or comments about the Website or these Terms may be directed to us at:

PineWindow Photography
Studio 72 Olivia Street
Jamesshire PO37 6NN
United Kingdom
Email: [email protected]
Phone: +440689480054