Terms & Conditions

Introduction

These TERMS & CONDITIONS govern your use of the website http://www.southflorida-photography.com owned by Jill Erwich & Big Penguin Productions, LLC. By using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website.

Our website uses cookies. By using our website and agreeing to the terms of this disclaimer, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

1. Intellectual property rights

Unless otherwise stated, Jill Erwich and Big Penguin Productions, LLC own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

2. Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, video material and audio-visual material on this website) is owned by us and our licensors.

3. Copyright licence

We grant to you a worldwide non-exclusive royalty-free revocable licence to:
(a) view this website and the material on this website on a computer or mobile device via a web browser;
(b) copy and store this website and the material on this website in your web browser cache memory; and
(c) print pages from this website for your own [personal and non-commercial] use.

We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website;
(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.

4. Permissions

You may request permission to use the copyright materials on this website by writing to jill@jillerwich.com or calling 203-641-8310.

5. Enforcement of Copyright

We take the protection of our copyright very seriously.

If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to jill@jillerwich.com.

6. Infringing Material

If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by email to jill@jillerwich.com.

7. Limitation and Exclusion of Warranties and Liability

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8. Third-Party Websites

The Website may contain links to websites operated by third parties ("Third-Party Websites"). SouthFlorida-Photography.com does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. SouthFlorida-Photography.com has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available there from.

9. Variation

We may revise this disclaimer from time-to-time. The revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer on our website. Please check this page regularly to ensure you are familiar with the current version.

10. Entire agreement

This disclaimer, together with our privacy policy, constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.

11. Law and jurisdiction

These terms and conditions and your relationship with SouthFlorida-Photography.com shall be governed by and construed in accordance with the laws of the state of Florida, without resort to its conflict of law provisions. You and SouthFlorida-Photography.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Palm Beach County. No agency, partnership, joint venture, employee-employer or franchiser / franchisee relationship is intended or created by this Agreement. SouthFlorida-Photography.com may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. SouthFlorida-Photography.com’s failure to act with respect to a breach by you or others does not waive SouthFlorida-Photography.com's right to act with respect to subsequent or similar breaches.

Status of Linking Policy

We welcome links to this website. This linking policy is intended to assist you when linking to this website.

1. Links to this website

Links pointing to this website should not be misleading.

Appropriate link text should be always be used.

You must not use our logo to link to this website (or otherwise) without our express written permission.

You must not link to this website using any inline linking technique.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

2. Links from this website

This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

We have no control over the contents of third party websites, and Jill Erwich and Big Penguin Productions, LLC accepts no responsibility for them or for any loss or damage that may arise from your use of them.

3. Removal of links

You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like us to remove a link to your website that is included on this website, please use our Contact Form. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

4. Changes to this linking policy

We may amend this linking policy at any time by publishing a new version on this website. Should you have any questions about this linking policy, please contact us using our Contact Form.

Anti-Spam Policy

1. What is Spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

We have a zero-tolerance spam policy.

2. Automated Spam Filtering

Our messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.

3. Problems with Spam Filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by our systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

4. Receipt of Unwanted Messages from Us

In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.

5. Changes to this Anti-Spam Policy

We may amend this anti-spam policy at any time by publishing a new version on this website.

6. Contact us

Should you have any questions about this anti-spam policy, please contact us using our Contact Form.