TERMS OF USE
You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Photography by Helen ("Photography by Helen") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
Photography by Helen may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Photography by Helen.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Intellectual Property; Limited License to Users
Subject to your compliance with these Terms of Use, any applicable license agreement with Photography by Helen, and the law, you may access and use the Site. Photography by Helen remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Photography by Helen may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Photography by Helen’s sole discretion. Photography by Helen provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Photography by Helen Content"), as well as the selection and arrangement of the Photography by Helen Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Photography by Helen Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Photography by Helen, Photography by Helen does not grant any express or implied permission to use the Site or any Photography by Helen Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Photography by Helen Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Photography by Helen Content.
Unless you enter into a license agreement with Photography by Helen you may not download, distribute, resell, display and/or copy any Photography by Helen Content.
You may not remove any watermarks or copyright notices contained in the Photography by Helen Content.
Photography by Helen Trademarks
For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Photography by Helen.
Nothing contained herein grants or shall be construed to grant you any rights to use any Photography by Helen Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use Photography by Helen's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Photography by Helen.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Photography by Helen Trademarks or the Trademark rights claimed by Photography by Helen.
You agree that you will not use any Photography by Helen Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without Photography by Helen's prior written consent any word or mark which is similar to or likely to be confused with Photography by Helen's Trademarks.
The look and feel of the Photography by Helen website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Photography by Helen and may not be copied, imitated or used, in whole or in part, without the prior written consent of Photography by Helen.
All other trademarks, product names, and company names or logos used or appearing on the Photography by Helen website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Photography by Helen, unless expressly so stated.
You may not use a Photography by Helen trademark, logo, Image or other proprietary graphic of Photography by Helen to link to the Photography by Helen website without the prior written consent of Photography by Helen.
You may not frame or hotlink to the Photography by Helen website or any Image without the prior written consent of Photography by Helen.
Information You Provide
Photography by Helen (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Photography by Helen subject to your agreement with the applicable third-party platform. Photography by Helen’s collection and use of all such information shall at all times conform to this Terms of Use, the Photography by Helen Privacy Policy, and applicable law.
Photography by Helen will use and protect your personal information, such as your name and address, in accordance with the Photography by Helen Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
Your Content
You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
Exploits minors;
Depicts unlawful or violent acts;
Depicts animal cruelty or violence towards animals;
Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
Violates any law, statute, or regulation.
Displaying and/or distributing to the public any watermarked or unlicensed Photography by Helen Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Infringement Claims / DMCA Notices
If you believe that any Image or other material made available by Photography by Helen infringes upon any copyright that you own or control, you may notify Photography by Helen.
Limitations
You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Photography by Helen or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of Photography by Helen or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Restriction and Termination of Use
Photography by Helen may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Photography by Helen Content at any time in Photography by Helen's discretion, without prior notice or liability to you. Any conduct by you that, in Photography by Helen’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
Links to Third Party Sites
In the event that the Site is available through any third-party platform, or if Photography by Helen provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Photography by Helen makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Photography by Helen, and Photography by Helen provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Photography by Helen.
Warranties and Disclaimers
Your use of the Site is at your own risk. The Site is provided by Photography by Helen under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Photography by Helen expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Photography by Helen makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Photography by Helen makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Photography by Helen will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
Indemnification
You agree to defend, indemnify and hold harmless Photography by Helen, its owners, subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Photography by Helen Content, or your violation of any rights of another.
Miscellanous
Photography by Helen shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Photography by Helen, such action is necessary or desirable.
In the event of any conflict between these Terms of Use and any license agreement you enter with Photography by Helen, the terms of such license agreement shall control.
These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
_________________________________________________________________
PRIVACY STATEMENT
This Privacy Statement describes how Photography by Helen manages personal data and personal information, and respects your privacy. This policy may be amended from time to time. We encourage visitors to and users of our sites to regularly review our Privacy Policy.
All "Personal Information" (which is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time.
Photography by Helen is made up of different legal entities. This privacy notice is issued on behalf of the Photography by Helen group of companies. When we refer to "Photography by Helen", "we", "us" or "our" in this privacy notice, we mean the Photography by Helen entity that acts as the controller or processor of your information, as explained in more detail in the "Entities Collecting Personal Information" section below.
Collection of Personal Information
As a visitor to the Site, you can engage in many activities without providing any Personal Information.
However, when you register to use a Photography by Helen site and order products or services as a Photography by Helen subscriber in order to provide the services to you, we may collect the Personal Information from you, such as:
Billing information such as the number, expiration date, card type and billing address of your credit card;
Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
As is true of most websites, when you use the Site, Photography by Helen or third party subprocessors contracted by Photography by Helen may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Photography by Helen also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.
How Your Personal Information Is Used
Photography by Helen collects your information in order to provide services to you, comply with our legal obligations, and to improve our products and services. We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. Photography by Helen may use this information to:
Authenticate and provide access to the Photography by Helen websites, mobiles applications, and services.
Process your financial transactions.
Send you order / renewal confirmations.
Register your rights, if any, to technical support or other benefits that may be made available to registered users.
Respond to customer service requests, questions and concerns.
Administer your account.
Send you requested product or service information.
Keep you informed about special offers and services of Photography by Helen and selected third parties.
Administer promotions and sweepstakes you enter and notify you of the results.
Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
Meet our research and product/service development needs and to improve our Site, services and offerings; and
Customize your experience, including targeting our services, search results, and offerings to you.
We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.
In certain situations, Photography by Helen may be required to comply with legal obligations to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Where required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on Photography by Helen), and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you in order to comply with our legal obligations if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
Information Sharing with Service Providers / Agents
Photography by Helen uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.
We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Photography by Helen.
We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.
Your Choices (Opt Out)
Photography by Helen does not sell your personal data or personal information to any third party. Photography by Helen will only use your personal information for the purposes described in this Privacy Statement and will not use your personal information for a purpose that is materially different without your express authorization.
You may "opt out" of receiving Photography by Helen's email updates, newsletters and/or partner emails.
Protection of Your Personal Information
We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take into account the sensitivity of the Personal Information we collect, process and store, and the current state of technology to use these measures protect your Personal Information, we cannot guarantee its absolute security.
Cookie and Tracking Technologies
Technologies such as: cookies, beacons, tags and scripts are used by Photography by Helen and our affiliates, analytics services and service to provide site features and functionality. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user's computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site.
Changes in Privacy Policy
Photography by Helen reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the home page of the Site when we make material changes to this Privacy Policy.
Links to third party sites
Our Site includes links to other Web sites whose privacy practices may differ from those of Photography by Helen. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.
Children
We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact us.