Terms of Service: helenabrauer.com
Effective date: 11 March 2020
Please read these Terms of Service carefully because they contain important information about your use of this website, your legal rights and obligations, liabilities, and limitations.
If you do not agree with one or more provisions of this document, please do not use this website.
1. General information 1
2. Service contracts, Fees and payments 2
3. Prohibited use 3
4. Intellectual property 4
5. Disclaimer of warranties 5
6. Limitation of liability 5
7. Availability 6
8. Indemnification 6
9. Severability 6
10. Governing law and dispute resolution 6
11. Assignment 7
12. Term and termination 7
13. Changes and amendments 7
14. Contact us 7
1. GENERAL INFORMATION
1.1. These Terms of Service (the “Terms”) govern the access and use of the website https://helenabrauer.com and the related services (collectively, the “Website”) by an individual user (“you” or “your”). The Terms constitute a legally binding agreement between you and the operator of the Website, namely, Helena Brauer having a registered business address at ul.Kabacki Dukt 1/57 02-798 Warszawa Poland
1.2. About the Website. The Website is a reference website for wedding and couples photography. It features our portfolio, provides information regarding our photography services (the “Services”), and allows you to contact us via a contact form.
1.3. Third parties. The Website may contain links to websites and services that are owned, operated and controlled by third parties. These Terms apply to your use of the Website only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, and security and privacy practices deployed by the operators of third-party websites, applications, and services referred to from the Website. We encourage you to be aware when you leave the Website and ask you to assess carefully each and every website or service that you access.
1.4. License to use the Website. We grant you a personal, revocable, non-exclusive, non-transferable, worldwide, and limited license to use the Website pursuant to these Terms.
1.5. Minors. The Website should not be accessed and used by persons under the age of 16. If a person under the age of 16 would like to use the Website, a parent or legal guardian should supervise such usage.
1.7. Disclaimer. Although we regularly monitor the information available on the Website, we do not guarantee the truthfulness, reliability, currency, relevance, and completeness of all information available on the Website. The information provided on the Website is intended for personal informational purposes only. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, the Services, and other information found on the Website. We assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction that you take on the basis of the information found on or linked to from the Website.
2. SERVICE CONTRACTS, FEES AND PAYMENTS
2.1. The Fees. The Services are subject to the applicable service fees (the “Fees”) payable in accordance with the service contract concluded between you and us remotely or at our premises (the “Contract”). The draft Contract can be received upon your request. The schedule of the Fees (in EUR) is communicated to you personally or made available on the Website. Unless indicated otherwise, the Fees include applicable sale tax. By concluding the Contract, you agree to pay the Fees in accordance with the Contract and other terms and conditions in force at the moment the Contract is concluded. An advance payment of the Fees may be required under the Contract. The Fees remain valid for as long as they are indicated on the Website or communicated by us. The Fees are subject to a change without a prior notice, unless you have already concluded the Contract covering the respective Fees.
2.2. Payment. The Fees are processed by our third-party payment processor PayPal or our bank (if you choose to pay by a bank transfer) (collectively, the “Payment Processors”). The Payment Processors may collect some personal data from you, such as your name, credit card number, and billing address, which will allow them to process your payments. The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing, subject to their individual terms and policies. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
2.3. Right to terminate the Contract. We respect consumer rights and comply with the applicable consumer protection laws. If you conclude the Contract as a consumer (i.e., you act wholly or mainly outside the scope of your trade, business, or profession), you have the right to withdraw from the Contract with us within the period of 14 days after the Contract was concluded, unless (i) the provision of the Services agreed upon in the Contract was completed by us or (ii) the Contract states otherwise. In order to terminate the Contract and receive a refund, you must inform us of your decision to withdraw from the Contract in writing (preferably, by email). If you have already used the Services prior to communicating your wish to withdraw from the Contract with us, we reserve the right to charge you a part or full Fees corresponding to the portion of the Services already used by you. If you have fully used all Services for which the Contract was concluded, you cannot exercise your right of withdrawal. If you act as a business, trader, or use the Services for professional purposes, you are not entitled to exercise your right of withdrawal.
2.4. Refunds. If you are not satisfied with the Services and there is a reason to believe that the quality of the Services is impaired due to our fault, we may, after carefully assessing the issue and in our sole discretion, issue partial or full refunds to you. The situations in which we may consider issuing refunds include: (i) if the Services are impaired due to technical issues that cannot be solved in a reasonably timely manner; (ii) we materially breach these Terms or the Contract; (iii) we fail to provide the Services as agreed with you, or (iv) the Services cannot be rendered due to unforeseen circumstances (e.g., our illness or force majeure events). In order to receive a refund, you must contact us in writing and explain your concern in detail. If you qualify for a refund, we will issue the refund by using the same payment method that you used to make the payment, unless you expressly request otherwise.
2.5.Confidentiality. Any information related to the Contract shall be kept in full confidentiality. Unless otherwise required by the applicable law, we shall not use, disclose, or communicate, in any manner, any information related to you, the Contract, or the Services used by you, without your prior consent. If you provide your consent, you can revoke it at any time. Our obligation shall not apply to information which (i) was rightfully in our possession or known to us prior to receipt of it; (ii) is or has become public knowledge through no fault of us; (iii) is rightfully obtained by a third party without breach of any confidentiality obligation; (iv) is independently developed by third parties who had no access to such information; or (v) should be disclosed in any other situations provided for by the applicable law (e.g., for medical emergency purposes).
3. PROHIBITED USE
3.1.When using the Website, you are required to follow our guidelines outlined in this section 3. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
3.2.You are not permitted to use the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
• Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
• Provision of false, inaccurate, or misleading information;
• Sharing content that depicts or incites others to commit acts of violence or may result in injuries, physical harm, and emotional distress;
• Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
• Spreading ethnically, racially, or otherwise objectionable information;
• Sharing sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
• Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
• Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Website;
• Interfering with or abusing other users of the Website;
• Using bots, scripts, and other automated methods; and
• Collecting and disclosing any information about the users of the Website.
3.3.Reporting inappropriate content. If you think that some of the content available on the Website is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately by email at email@example.com. If any content is reported as inappropriate, we will immediately delete such content from the Website.
4. INTELLECTUAL PROPERTY
4.1. Most of the content made available on the Website is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, photos, text, logos, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties.
4.2. You are not allowed, without obtaining prior written authorisation from us, to:
• Distribute Our Content;
• Copy Our Content;
• Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
• Rent, loan, use, lease or attempt to grant other rights to Our Content to third parties.
4.3. Our brand. You may not use the the brand associated with the Website, including word or figurative trademarks, or any third-party trademarks without prior authorisation of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
4.4. Third-party intellectual property. Some of the trademarks and other intellectual property featured on the Website may be owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors. You agree not to violate such third-party property.
4.5. Transfer of intellectual property. These Terms do not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain solely with us or respective third-party proprietors.
4.6. Copyright infringement claims. If you have any grounds to believe that any content made available through the Website violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
5. DISCLAIMER OF WARRANTIES
5.1. You agree that your use of the Website is solely at your own risk. You agree that the Website is provided on an “as is” and “as available” basis and we hereby expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
5.2. We make no warranty that the Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that defects in the Website will be corrected.
6. LIMITATION OF LIABILITY
6.1. To the fullest extent permitted by applicable law, in no event will we, our affiliates, founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages, including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages.
6.2. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this section 6 may not apply to you.
6.3. By using the Website, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of such third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
7.1.We put reasonable efforts to ensure that the Website is always accessible. However, the availability of the Website may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply; and breakdowns. We take no responsibility for the unavailability of the Website caused by such factors. If you encounter problems while using the Website, please contact us immediately.
7.2.We reserve the right, at our sole discretion, to change, modify, suspend, or discontinue any aspect of the Website and any services provided through it at any time, including Website’s technical features, content, databases, availability, and specifications of the required equipment. We may also impose limits on certain features of the Website or restrict your access to parts or all of the Website without notice or liability.
8.1.You agree to indemnify and hold us and our affiliates, founders, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website or any wilful misconduct on your part.
9.1.In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1.The formation, interpretation, and performance of these Terms and any disputes arising out of the Terms shall be governed by the substantive and procedural laws of Switzerland, without regard to its rules on conflicts or choice of law.
10.2.The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Switzerland.
10.3.Nothing herein prevents you or us from seeking any interim injunction that is deemed necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
11.1.You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, which shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void.
11.2.We reserve the right to assign any of our rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
12. TERM AND TERMINATION
12.1. Term. These Terms enter into force on the date specified at the top of the Terms and remain in force until terminated by us or you stop using the Website. We reserve the right, at our sole discretion, to terminate the Terms and provision of the Website at any time by informing you, if relevant. Your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using the Website.
12.2.Breach of the Terms. If we believe, at our sole discretion, that you have violated these Terms and it is appropriate, necessary or desirable to do so, we may:
• Send you a formal warning;
• Temporarily or permanently prohibit your access to the Website;
• Report you to law enforcement authorities; or
• Commence a legal action against you.
12.3.Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or we sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
13. CHANGES AND AMENDMENTS
13.1.We reserve the right to modify these Terms, the policies of the Website, the Services, and our business practices (including marketing policies) at any time, effective upon posting of an updated version of these Terms on the Website and sending you a notification (if we have your email address).
13.2.Your continued use of the Website after any such changes shall substitute your consent to such changes. If you do not agree with one or more provisions of the updated Terms, you are requested to stop using the Website.
14. CONTACT US
If you have any questions, suggestions, or concerns about these Terms or your use of the Website, please feel free to contact us.
Postal address for communication: Helena Brauer, ul.Kabacki Dukt 1/57 02-798 Warszawa Poland
Phone number: +48 513166663