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Terms and Conditions for nickslenz.com

1. Acceptance of Terms

By accessing or using nickslenz.com (the "Website"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not access or use the Website.  

2. Use of the Website

  • Services Offered: The Website provides a platform for users to purchase photography services, book photography shoots, and download digital content (photos and videos) related to their purchased services. Users may also create accounts, receive communications, and store personal information.

  • Permitted Use: You may use the Website for lawful purposes only, including browsing services, making bookings, purchasing services, downloading your purchased digital content, creating an account, and receiving communications.

  • Prohibited Use: You agree not to:

    • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.  

    • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Website or users of the Website or expose them to liability.  

    • Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.  

    • Use the Website to engage in any advertising or commercial solicitation without our express written permission.

    • Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the services offered on or through the Website, by hacking, password “mining”, or any other illegitimate means.  

    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.  

    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.  

    • 3. Intellectual Property

    • Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Nick Slenz, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

    • Digital Content:

    • All photos and videos delivered to clients remain the intellectual property of Nick Slenz.

    • Clients are granted a non-exclusive, non-transferable license to use the digital content for personal use only. Any commercial use or redistribution of the digital content is strictly prohibited without our express written consent.

    • Portfolio & Marketing Use: We may use photos and videos taken during client sessions for portfolio display on our website or other marketing materials, unless the client explicitly requests otherwise in writing prior to the session.

3. User Accounts

  • Account Creation: In order to access certain features of the Website, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.  

  • Account Security: You are responsible for maintaining the confidentiality of your account password 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.  

  • Account Termination: We reserve the right to terminate or suspend your account at any time, for any reason, without notice.  

4. Communications

  • Email and SMS: By providing your email address and/or phone number, you consent to receive emails and/or SMS messages from us regarding your bookings, purchases, account activity, and other relevant information. You may opt-out of receiving marketing communications at any time.

  • Other Communications: We may also communicate with you through notifications on the Website or other means.

5. Privacy

  • Personal Information: We collect and process personal information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using the Website, you consent to our collection and use of your personal information as described in the Privacy Policy.  

6. Intellectual Property

  • Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Nick Slenz, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

  • Digital Content: All photos and videos delivered to clients remain the intellectual property of Nick Slenz. Clients are granted a non-exclusive, non-transferable license to use the digital content for personal use only. Any commercial use or redistribution of the digital content is strictly prohibited without our express written consent.

7. Bookings and Payments

  • Bookings: All bookings for photography shoots are subject to availability and confirmation by us. We reserve the right to decline or cancel any booking at our discretion.

  • Payments: Payment for services is due at the time of booking or as otherwise specified. We process payments through Wix Payments, which may utilize Adyen or Stripe as its payment processor. By using the Website to make payments, you agree to be bound by the terms and conditions of Wix Payments, Adyen, and/or Stripe, as applicable. All payments are final and non-refundable unless otherwise stated in our cancellation policy.

8. Cancellation and Refunds

  • Cancellation by Client: Clients may cancel their bookings subject to our cancellation policy, which is outlined on the Website. Refunds, if applicable, will be processed in accordance with our cancellation policy.

  • Cancellation by Us: We reserve the right to cancel any booking due to unforeseen circumstances or events beyond our control. In such cases, clients will receive a full refund.

9. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.  

10. Limitation of Liability

In no event shall we be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.  

11. Indemnification

You agree to indemnify, defend, and hold harmless Nick Slenz, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website or your breach of these Terms and Conditions.  

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law.  

13. Changes to these Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Your continued use of the Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.  

14. Contact Us

If you have any questions about these Terms and Conditions, please contact us at [Your Email Address].

Key additions:

  • User Accounts section outlines account creation, security, and termination.

  • Communications section details email/SMS consent and other communication methods

  • Privacy section references the Privacy Policy for handling personal information

  • Numbering of subsequent sections has been adjusted accordingly

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