TERMS OF USE
IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the Captured by Lorraine (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.capturedbylorraine.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Lorraine Matti, doing business as Captured by Lorraine (“Captured by Lorraine”).
“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Captured by Lorraine. All such Products are the intellectual property of and are owned by Captured by Lorraine.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Captured by Lorraine’s Products immediately.
Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
Captured by Lorraine is a resource through which you may obtain photographic services, primarily including portraits, boudoir portraits, children’s fine art portraits, weddings and engagement portraits. The final product includes print and digital products.
PRIVACY POLICY
Captured by Lorraine permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available below which is incorporated herein by reference.
Captured by Lorraine will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Captured by Lorraine will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Captured by Lorraine is the sole manager of such information collected on the Site. Captured by Lorraine will use such information to respond to you as necessary. You grant Captured by Lorraine a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
AFFILIATE LINKS
Links on the Site may be affiliate links controlled by parties other than Captured by Lorraine to help support the maintenance of the Site. Captured by Lorraine does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Captured by Lorraine from any loss or damage incurred from dealing with such affiliate.
INTELLECTUAL PROPERTY LICENSE
Captured by Lorraine owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Captured by Lorraine’s services, and; (d) any other intellectual property rights afforded to Captured by Lorraine, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Captured by Lorraine does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon Captured by Lorraine’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Captured by Lorraine will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, Captured by Lorraine grants you a non-exclusive, non-transferable license to download, view, copy and print the images you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..
By using the Site and entering personal information, you give Captured by Lorraine permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Captured by Lorraine know by emailing us at capturedbylorraine@gmail.com and we will kindly refrain from doing so.
RETURN/REFUND POLICY
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. CAPTURED BY LORRAINE OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CAPTURED BY LORRAINE MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, CAPTURED BY LORRAINE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO CAPTURED BY LORRAINE, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of Illinois. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the Hampshire Illinois. Captured by Lorraine reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Captured by Lorraine’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
Lorraine Matti, doing business as Captured by Lorraine (“Captured by Lorraine”, “we” or “us”) is sensitive to concerns that personal information collected from its customers (“you” or “your”) be handled respectfully and appropriately. This Privacy Policy (the “Policy”) discloses the privacy practices for Captured by Lorraine and applies solely to information collected by the web site www.capturedbylorraine.com including any related domains and subdomains (the “Site”). This Policy is intended to notify you of the following:
What Information Is Collected?
Internet Traffic Data
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through Captured by Lorraine to allow for a more customized and enjoyable user experience.
Cookies
We use “cookies” on these Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our Site.
Facebook Conversion Tracking Pixel
This Site uses Facebook Conversion and Tracking Pixels to gather data for statistical and market research purposes. The collected data is used to allow Facebook and its partners display advertisements according to Facebook’s Data Use Policy and Business Advertising Policy.
The collected data shall remain anonymous and is solely used to process within the Facebook advertisement services. You can view Facebook’s Data Use Policy here: https://www.facebook.com/about/privacy/.
Personal Information
Captured by Lorraine must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier Information is only collected by your personally providing such information to Captured by Lorraine via e-mail, by phone, or otherwise through Captured by Lorraines website pursuant to making a purchase or requesting service.
Testimonials
Captured by Lorraine may display personal testimonials of yours from time to time received via email or as otherwise received from you by Captured by Lorraine. By accepting the Terms of Use, you give Captured by Lorraine specific consent to use such personal testimonial. If you would like Captured by Lorraine to remove your testimonial or customer review at any time, please simply contact us at capturedbylorraine@gmail.com, and we will promptly do so.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on the Site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.
We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us or request that we discontinue sending of email and other communications at any time at any time by contacting us at capturedbylorraine@gmail.com.
Security
We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon at the bottom of your web browser.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Registration
In order to use this Site, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
Orders
We request information from you on our order form. To buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Third Parties
Please be aware that some of our business partners may use cookies or other methods of tracking and targeting use on our site (advertisers, for example). However, we have no access to or control over these cookies and this Privacy Policy does not extend to such third parties. Please be aware that we are not responsible for the content or privacy practices of such other Site. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Identifier Information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Your Rights
We respect your right to access, correct, request restriction or deletion or request of our usage of your personal information and data collected as required by applicable law. We also take steps to ensure that the personal information we collect is accurate, up to date and in accordance with our Data Protection Policy. After verification of identity you have the right to:
In order to exercise any of these rights within this Policy, please contact the Data Protection officer listed in this Policy.
Data Protection Plan
We take a number of steps to protect your data, but no security is guaranteed.
We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon in your web browser. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Data Protection Inquiries
If you have any questions or concerns regarding our notice or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you can file a complaint with our Data Protection Officer listed below and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue(s). Records will be kept of any requests.
Please contact our Privacy Department with any questions or concerns regarding this Privacy Notice. Please mark your questions or concerns; ATTN Data Protection Officer.
NOTICE TO EUROPEAN ECONOMIC AREA (EEA) MEMBERS
Personal information and Non-Personal Identifiable Information may be collected, transferred or stored at a destination outside the EEA. Such information may be processed by staff operating outside the EEA who may work for either Company directly or contractors retained by the Company to process such information, fulfill any order for Service, process payment or billing as well as support services. By submitting any information, an EEA user agrees to this collection, storing and transferring of information. Company agrees to take all reasonable steps to ensure your data is treated securely in accordance with this Online Privacy Policy.
NOTICE TO CALIFORNIA RESIDENTS
California law gives California residents providing Personal Information to the Company the right to request once per calendar year that the Company provide users with information about how the Company has shared the user’s Personal Information with third parties for their direct marketing purposes. To the extent applicable, if at all, such information includes: a) list and names and addresses of all third parties with whom such Personal Information was shared during the prior calendar year along with a list of the categories of Personal Information shared. To make such a request, please send an email to capturedbylorraine@gmail.com and specifically reference “California Privacy Request” in the subject matter line. Your request should include your name, physical address (other than email address) and an email address. The Company will respond you your request within thirty (30) days of the receipt of your request.
The Company does not share Personal Information with third parties for their marketing purposes and will not do so without prior written consent.
CALIFORNIA “DO NOT TRACK” SETTINGS
Some web browsers have settings that allow users to request that Websites not track a user’s movement within a Website. The Company’s Website DOES NOT obey any such settings when transmitted to, or received (whether detected or not) by the Company’s Website.
Deletion of Personal Information
The Company will store Personal Information as long as is necessary or until Company receives a termination notice pursuant to the immediately cancellation.
Security
We have adopted and adhere to stringent security standards designed to protect non-public Personal Information obtained or stored by the Company is protected from and against accidental or unauthorized access or disclosure. Among the safeguards that the Company has developed for this Website are administrative, physical and technical barriers that together protect the Website from unauthorized access or use. We may from time to time be required to shutdown the entire Website for security maintenance.
The Company uses secure servers for all User information.
Notwithstanding the foregoing, users acknowledge that no 100% guarantee can be made regarding the security of any data transmission over the Internet or any wireless network. Users accordingly acknowledge that: 1) there are security and privacy limitations respecting data transmissions over the Internet and in wireless networks; 2) the Company shall have no liability to any user, Member or third party for any loss, disclosure, alteration, modification or misuse of an information transmitted via the Internet or wirelessly; and 3) any information transmitted over the Internet or wirelessly may be subject to viewing or being tampered with by an unauthorized third party.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.
If have any questions about this Privacy Policy, you may contact us via email at capturedbylorraine@gmail.com
© Copyright 2017. Captured by Lorraine