Terms and Conditions2017-08-15T09:14:59+00:00

Terms and Conditions

Please carefully consider these Terms and Conditions. All users of this site agree that the use of this site are subject to these Terms and Conditions and applicable law.

If you disagree, please do not use this site.

Picture Chest Photography and Its Brands

Picture Chest Photography includes the following additional brands: { Tiny Toes }, { Weddings }, { Lifestyle }. These brands (or trade names) collectively will be referenced herein as Picture Chest Photography and are used interchangeably or as appropriate.

Trademarks and Copyright

All trademarks, service marks and trade names used on this site of Picture Chest Photography are trademarks or registered trademarks of Picture Chest Photography.

All content on this site, including but not limited to images, graphics, text, or computer code is copyrighted as a collective work under the United States and other copyright laws. They are the properties of Picture Chest Photography, including collective works that are licensed accordingly. Copyright © 2005 – Present, Picture Chest Photography. All rights are reserved.

Permission is granted to electronically use, copy, display or print hard copy, portions of this site for the sole purpose of purchasing services and products from Picture Chest Photography. Displays are subject to expressly stated restrictions or limitations solely for your own non-commercial use, or to purchase services and products from Picture Chest Photography. Any other forms of usage, including but not limited to the distribution, reproduction, or transmission of the content of this site is strictly prohibited, unless otherwise authorized by Picture Chest Photography. You further agree not to modify and/or delete any proprietary notices from materials downloaded from the site, where appropriate and applicable.

Warranty Disclaimer

This site and it services, products or materials are provided “as is” and without any implied or expressed warranties of any kind. Picture Chest Photography disclaims all warranties (express or implied).

Picture Chest Photography does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site (or the computing server that makes the site available) are free of electronic viruses or other harmful components.

Picture Chest Photography does not make any warrantees or representations regarding the use of the materials or content in this site with regards to correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Scope and Limitation of Liability

Picture Chest Photography will not be liable for any damages (special or consequential) that result from the use of (or the inability to use) the materials and content on this site or the performance of its services or products, even if Picture Chest Photography has been advised of the possibility of such damages. Applicable law may not allow for such limitations, so therefore these limitations may not be applicable to you.

Typographical Errors

In the event that an Picture Chest Photography’s services or products are inadvertently or mistakenly listed at an incorrect price, Picture Chest Photography reserves the right to refuse or cancel any such order(s), whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Picture Chest Photography shall appropriately issue a credit in the amount of the incorrect price.

Terms and Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, in part or whole, may be terminated by Picture Chest Photography without notice at any time, for any reason. The provisions and stipulations relating to Trademark & Copyrights, Warranty Disclaimer, Scope & Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, United States of America, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Picture Chest Photography’s services or products) shall be in the state or federal courts located in Santa Clara County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Picture Chest Photography’s services or products) must be commenced within one (1) year after the claim or cause of action arises. Picture Chest Photography’s failure to insist upon strict performance of any provision of these terms and conditions nor the conduct of respective parties shall not be construed as a waiver nor the basis to modify any of these terms and conditions. Picture Chest Photography has sole discretion to assign its rights and duties under this Agreement to any party at any time without notice to you.

The Appropriate Use of Website

Harassment in any form or manner on this site, including via e-mail, chat, comments or otherwise, or use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Picture Chest Photography or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Picture Chest Photography does not and cannot review all communications and materials posted to or created by users accessing of this site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Picture Chest Photography is merely acting as a passive conduit for such distribution and does not undertake any related obligation or liability.

Picture Chest Photography, in its sole discretion, reserves the right to block and/or remove communications that it determines to be:

  • abusive, defamatory, or obscene
  • fraudulent, misleading, or deceptive
  • in violation of a copyright, trademark or any other intellectual property right of another
  • offensive or otherwise unacceptable

Notice and the Delivery Of Notices

Picture Chest Photography may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Picture Chest Photography.

Indemnification

You agree to indemnify, defend, and hold harmless Picture Chest Photography, its designees, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or activities related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Questions And Feedback

We welcome your questions, comments, and concerns. Please Contact us at your earliest convenience.