Terms and Conditions

 

INTRODUCTION

The following terms and conditions ("Terms") are provided by Photorooga LLC ("our", "us", "we", "Photorooga", or "the Company"), the owner and operator of Photorooga and the website https://photorooga.com and its associated subsites (referred to herein as the "Site", "Sites", "Service" or "Services"). These terms govern your use of the current and future online and mobile services provided by the Company. By using our Services, you agree to accept all of the associated terms and conditions referenced below. Please read them carefully. ​If you disagree with any or all terms presented herein, you should immediately discontinue use of this Site.

 

PRIVACY

Please review our Privacy Policy, which also governs your visit to our Services, to understand our data security and storage practices.

 

ELECTRONIC COMMUNICATIONS

When you visit our Sites, you are communicating with us electronically. You consent to receive email communications from us including, but not limited to, marketing and promotional emails, newsletters, financial transaction confirmations, and other business-related communications necessary for performing our Services. You also acknowledge that you have the option to opt-out of most electronic communications at any time by changing your Site settings or by following relevant "unsubscribe" email links. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically also satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT AND OWNERSHIP

All content included in our Sites, such as text, graphics, logos, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company, with copyright authorship for this collection by the Company, and protected by international copyright laws. Ownership of content uploaded by our users, such as photographs and videos, remains the property of the user. However, by using our Services, users grant the Company non-exclusive rights to: a) utilize users' content for marketing and promotional purposes of the Site, and b) to retain all data connected to the user's content while it continues to be hosted on our Sites.

 

TRADE MARKS

Photorooga trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.

 

LICENSE AND SITE ACCESS

Photorooga grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of real estate listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another vendor; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Photorooga and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company.

 

Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site's pages so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Photorooga logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR MEMBERSHIP ACCOUNT

The primary user ("Primary User(s)") creates a paid subscription ("Subscription(s)") which provides an individual website they may operate on behalf of their business. The Primary User and all other users accessing the Primary User's site are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer. Users agree to accept responsibility for all activities that occur under their account or password. If you are under 18, you may use our Sites only with involvement of a parent or guardian, who is responsible for all of your activity. The Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

 

YOUR SUBSCRIPTION

Access to our Services requires a monthly Subscription paid by credit card only. Valid credit card information must be provided by the Primary User at the time a Subscription is initialized. By providing this information and an initial payment to the Company, the Primary User agrees to all future payments that will occur on their behalf until their Subscription is terminated.

 

The Primary User will be billed in advance each month for the amount associated with their chosen Subscription plan. The Primary User will continue to be billed monthly at the same rate until, a) the Subscription is canceled or, b) the Subscription is upgraded or downgraded.

 

Subscriptions to our Sites are prorated based on what the Primary User has already paid and how many days the Subscription has been active. The sooner a Primary User upgrades or downgrades their Subscription, the more they will be credited.

Subscriptions may be canceled by a Primary User at any time. Once canceled, access to our Services will continue until the end of the current Subscription period. There is no prorated refund for canceled subscriptions.

 

The Primary User will be notified via email if the credit card associated with their account is about to expire. It is the Primary User's responsibility to maintain the validity of the credit card information associated with their account. Should a user's Subscription fail to automatically renew due to an invalid credit card, the user will be notified several times for a period of one week until payment has been made. If after one week payment is still not made, the Primary User's account will be suspended and their individual site deactivated until payment is made. Data associated with an expired Subscription will remain our our server for a period of 6 months. After 6 months, if the Subscription has not been reactivated, all account data (clients, photographers, coordinators, listings, invoices and sales records, photos and videos, will be permanently removed.

 

FREE TRIAL AND REFUNDS

When starting an initial Subscription, the Company may offer a free trial period ("Free Trial") in which the Primary User may try our Services to determine whether they fit their needs. If the new Subscription is not canceled before the end of the Free Trial period, the credit card supplied during sign-up will be charged for the first month of Service and then each month thereafter until canceled by the Primary User or the Company.

 

After the Free Trial period has ended, subscriptions are non-refundable.

 

PRICING

Photorooga presents all current pricing on its Pricing page. At any time, and at its sole discretion, the Company may change its pricing terms. Primary Users with active Subscriptions will be given sufficient notification in advance of any pricing changes and may cancel their Subscription should they choose not to continue under the new pricing terms. By continuing their Subscriptions under the new pricing terms, users are providing their consent to the change in terms.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

GOVERNING LAW

By visiting our Sites or using our Services, you agree that the laws of the state of Virginia, in the United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company or its associates. Photorooga LLC's failure to enforce any part of these Terms does not indicate a waiver of such terms. Any previous Terms agreed between the Company and its users are replaced by these Terms unless otherwise noted.

 

DISPUTES

Any dispute relating in any way to your visit to our Sites or to products you purchase through our Sites shall be submitted to confidential arbitration in Virginia, United States, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the state of Virginia, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our Sites, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. Your continued use of our Services constitutes your agreement to any changes made to these Terms. Should you disagree with our Terms, do not continue your use of our Sites or Services.

 

QUESTIONS

Questions regarding our Terms, Privacy Policy, or other policy-related material can be directed to info[at]photorooga[dot]com