TERMS OF USE

Last updated on August 6th, 2021

This website, https://www.janicepower.com/ (“Site”) is owned and operated by Janice Power Photography, a Business operating under the laws of British Columbia, Canada. In these Terms, “we”, “us” and “our” refer to Janice Power Photography and the terms “you” or “your” refer to any individual user of our Site.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, products, content, webinars, courses or resources (collectively, “Services”). These Terms govern and define your use of the Site and Services and are legally binding on you.

USE OF OUR SITE AND SERVICES

When you accessed our Site, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.

You must be at least 16 years old in order to use our Site or the necessary age in your country of residence otherwise this is a violation of use. We reserve the right to terminate your access if it is discovered you are a minor.

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.

If you wish to have any of your personal information and/or access to our Site removed, you may email us at janice@janicepowerphotography.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy. 


FEES AND REFUNDS

Fees
Fees are as listed on our Site and in CDN dollars. We reserve the right to change our Fees at any time and without notice.

Refunds
We do not provide refunds.
If the Clients terminate their session agreement less than 30 days before the Session Date, the Photographer will retain the Deposit and the Balance as liquidated damages for lost profits arising from the termination. The Clients acknowledge that the Photographer will likely be unable to schedule an alternative session with less than 30 days notice and agrees that such liquidated damages are a fair and reasonable approximation of the Photographer’s losses.  

If the Clients terminate their session agreement more than 30 days before the Session Date, the Photographer will retain the Deposit without refund to the Client.

Subject to the Photographer’s availability, the Clients may reschedule the Services to a date that is within 12 months of the Session Date by providing at least 60 days written notice to the Photographer and paying a rescheduling fee of $500.00.  
If an event occurs that is beyond the Client’s control and makes it impossible for the Clients to proceed with the session on the Session Date, such as hospitalization, fire, natural disaster, civil unrest, or governmental order, the Clients may provide written notice to the Photographer and reschedule the Services to a date within 12 months of the Session Date, subject to the Photographer’s availability.  
If the Clients reschedule the Session Date pursuant to this Section, the Deposit and any additional fees paid will be applied to the new date. If the Clients refuse or are unable to reschedule the Session Date in accordance with this Section, including if the Photographer is unavailable on a requested date, the cancellation provisions above will apply.

Chargebacks
You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute.

Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) are owned by us, unless attributed otherwise. All content on the Site is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law.

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.  

LIMITED LICENSE
Any and all Services or other materials that you access or are provided with by us are under the sole ownership or licensed use of Janice Power Photography including all Intellectual Property.
When you purchase or opt-in and receive materials, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by us. You specifically acknowledge and agree that you do not obtain any ownership interest or other rights to the materials and all copyrights remain with us. As a condition of your use, you may not, under any circumstances reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole discretion.

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the materials for your personal use only; and (ii) download or print any of the materials provided to you for your personal use. If you wish to use, publish any of our content, resources or materials you must first write to us janice@janicepowerphotography.com and request our consent.

Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

MEDIA RELEASE
By using our Site, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

Use of this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer

We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

No Guarantees
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer 

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Third-Party Contributors
We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.


INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

Release, Indemnity and Waiver

Our Site and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless Janice Power Photography and its directors, officers agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use of our Site, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or Services. You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Site or the Services. We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Site and Services.

Affiliates

We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

Full Agreement

You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

Governing Law and Jurisdiction

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Whistler, British Columbia.

Severability

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

Contact
If you have any questions about these Terms and Conditions of Use, please send an email to: janice@janicepowerphotography.com