TERMS AND CONDITIONS
This website is operated by MediaGarde Photography. Throughout the site, the terms “MGP,” “I,” “me,” “we,” “us,” and “our” refer to MediaGarde Photography. MGP offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED ON THIS PAGE.
ONLINE PRIVACY STATEMENT
This legal notice applies to the entire contents of this website under domain name https://mediagarde.com (Website) and to the supply of services by us, any correspondence by email between us and you. Please read these terms carefully before using this website.
1. These terms & conditions apply to all content on this website, including photos and text.
2. MediaGarde Photography retains full copyright in all images, at all times, throughout the world. The photographer asserts their right to be identified as the author of all images.
3. The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the commission.
4. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the DPO(Data Protection Commissioner’s) website.
5. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow the identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
6. In the event of extra expenses or time being incurred by the photographer, the client will approve and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
7. A booking is considered firm from the date of confirmation and accordingly, the photographer may charge a fee for cancellation or postponement.
8. These Terms and Conditions shall not be varied except by agreement in writing.
MediaGarde Photography reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to duplicate, copy, reproduce, sell, or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
INFORMATION TIMELINESS AND ACCURACY
MGP is not responsible if the information made available on this site is not accurate, current or complete. The material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, or more timely sources of information. Any reliance on the material on this site is at your own risk.
Our site may contain certain historical information. Historical information may be not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
OUR PRODUCTS AND SERVICES
We make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
At MGP we reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not justify that the quality of any services, products, information, or other material purchased or obtained by you will meet your full expectations, or that any errors in the service will be corrected.
Pricing for our products and services are subject to change without notice.
MGP reserves the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
BILLING ACCOUNT INFORMATION
You agree to provide accurate, complete and current purchase and account information for all purchases made with MGP and our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, etc so that we can complete your transactions and contact you as needed.
MGP reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
LINKS TO AND FROM OTHER WEBSITES
Certain content, products, and services available via our Website may include materials from third-parties. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you will leave this Website. MGP has not reviewed all of these third-party websites, does not control and is not responsible for these websites or their content or availability. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made regarding any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS AND FEEDBACK
If you send us or post comments, reviews or any feedback on our Website or other webpages or social media, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to respond to any comments; or (3) to pay compensation for any comments.
We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
You agree that your comments and feedback will not violate any rights of the Website or any third-party, including copyright, privacy, or other personal or proprietary rights. You agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the MGP or any related website. You may not use a faulty e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility or liability for any comments posted by you or any third-party.
You acknowledge that the service and all products and content are delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any warranties. You expressly agree that your use of, or inability to use, the service is at your own risk.
To the fullest extent permissible under applicable law, MGP does not guarantee, represent or warrant that access to the service or the content will be uninterrupted or error-free; that defects in the service, the content, or the products will be corrected; or that the service or the server that makes it available will be free of viruses or other harmful components. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and MGP has no obligation to update such material.
LIMITATION OF LIABILITY
In no case shall MediaGarde Photography or its employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages; in any way arising out of or related to the service and/or any products, even if MGP has been advised of the possibility of such damages.. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law, and MGP’s liability for indirect damages shall not exceed $100.00.
You agree to indemnify and hold harmless MediaGarde Photography and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys’ fees) incurred by any of them in connection with or as a result of (a) any use or misuse of the Website by you or any other person who accesses the Website using your account, (b) any violation of these Terms of Service by you or any other person who accesses the Website using your account, or (c) any violation of any rights of a third party.
MGP reserves the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement survive any such termination.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
We accept no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.If you have any questions or would like to discuss our Website Terms and Conditions, then please contact us at firstname.lastname@example.org