Picture Perfect Photography
LD Picture Perfect Photography, LLC
LD Picture Perfect, LLC makes no representation that the Website is appropriate or available in other locations other than where it is operated by LD Picture Perfect, LLC. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject LD Picture Perfect, LLC to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from others location do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and directly supervised by, their parent or guardian to use the Website if you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the LD Picture Perfect, LLC Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT OR TO MODIFICATIONS THAT LD Picture Perfect, LLC MAY MAKE TO THIS AGREEMENT IN THE FUTURE. DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE LD Picture Perfect, LLCSERVICES OR THE WEBSITE.
LD Picture Perfect, LLC bills you through an online billing account for purchases of products and/or services. You agree to pay LD Picture Perfect, LLC all charges at the prices then effect for the products you or other persons using your billing account may purchase, and you authorize LD Picture Perfect, LLC to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product of service. LD Picture Perfect, LLC reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by LD Picture Perfect, LLC. LD Picture Perfect, LLC may change prices at any time. All payments shall be in U.S. dollars.
All Portrait Session and Product purchases are final. NO returns or refunds accepted. Lingerie products can be returned for a full refund within 30 days of purchase and only if the garment is in the same shape as it was when sold.
MOBILE APPLICATION LICENSE
If you are accessing the LD Picture Perfect, LLC Services a mobile application, the LD Picture Perfect, LLC grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you and to access the use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws. rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of LD Picture Perfect, LLC or its affiliates, partners, suppliers or the licensor's of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or uses at the same time; (g) use the application for creating a product service or software that is, directly or indirectly, competitive with or in any way substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail or (i) use any proprietary information or interfaces of LD Picture Perfect, LLC or other intellectual property of LD Picture Perfect, LLC in the design development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the LD Picture Perfect, LLC Services. You acknowledge that this Agreement is concluded between you and LD Picture Perfect, LLC only, and not with Apple Inc. or Google, Inc (each an "App Distributor") and LD Picture Perfect, LLC, not an App Distributor, is solely responsible for the LD Picture Perfect, LLC application and the content thereof. (1) SCOPE OF LICENSE. The license granted to you for the LD Picture Perfect, LLC application is limited to a non-transferable license to use the LD Picture Perfect, LLC application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set for the in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT. LD Picture Perfect, LLC application as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the LD Picture Perfect, LLC application. (3) WARRANTY. LD Picture Perfect, LLC is solely responsible for any product warranties whether express or implied by law to the extent not effectively disclaimed. In the event of any failure of the LD Picture Perfect, LLC application to conform to any applicable warranty, you may notify and App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any paid for the LD Picture Perfect, LLC application and to the maximum extent permitted by applicable law, and App Distributor claims, losses, liabilities, damages costs or expenses attributable to any failure to conform to any warranty will be LD Picture Perfect, LLC's sole responsibility. (4) PRODUCT CLAIMS. You acknowledge that LD Picture Perfect, LLC not an App Distributor, is responsible for addressing any claims of your of any third party relating to the LD Picture Perfect, LLC application or your possession end/or use of the LD Picture Perfect, LLC application, including, but not limited to: (i) product liability claims; (ii) any claim that the LD Picture Perfect, LLC application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection of similar legislation (5)INTELLECTUAL PROPERTY RIGHTS You acknowledge that in the event of any third party claim that the LD Picture Perfect, LLC application of you possession and use of the LD Picture Perfect, LLC application infringes a third party's settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE You represent and warrant that (i) you are not located in a country that is subject to a U.S. government list of prohibited or restricted parties (7) THIRD PARTY TERMS OF AGREEMENT You much comply with applicable third party terms of agreement when using wireless data service agreement when using the LD Picture Perfect, LLC application. (8) THIRD PARTY BENEFICIARY. LD Picture Perfect, LLC and you acknowledge and agree that the App Distributors and their subsidiaries are third party beneficiaries of the Agreement and that upon you acceptance of the terms and conditions of this Agreement each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the LD Picture Perfect, LLC Services ("Submissions") provided by you to LD Picture Perfect, LLC are non-confidential and LD Picture Perfect, LLC (as well as any designee of LD Picture Perfect, LLC) shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You may not access or use of the Website for any other purpose other than that for which LD Picture Perfect, LLC makes if available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by LD Picture Perfect, LLC. Prohibited activity includes, but is not limited to:
A. attempting to impersonate another user or person or using the username of another user.
B. criminal or tortious activities
C. deciphering, decompiling, disassembling or reverse engineering any of the software.
D. using any information obtained from the Website in order to harass, abuse or harm another person.
E. using the LD Picture Perfect, LLC Services as part of any effort to compete with LD Picture Perfect, LLC or to provide services as a service bureau.
F. using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website ("LD Picture Perfect, LLC Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to LD Picture Perfect, LLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. LD Picture Perfect, LLC Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text,, photographs and graphics. All LD Picture Perfect, LLC graphics, logos, designs, page headers, button icon, scripts and service names are registered trademarks, common law trademarks and trade dress may not be used including as part of trademarks and or as part of domain names. in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part without the prior written permission of the LD Picture Perfect, LLC.
LD Picture Perfect, LLC Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed. sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website and LD Picture Perfect, LLC Content and to download or print a copy of any portion of the LD Picture Perfect, LLC Content to which you have properly gained access solely for your persona., non-commercial use. LD Picture Perfect, LLC reserves all rights not expressly granted to you in and to the Website and LD Picture Perfect, LLC Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the LD Picture Perfect, LLC Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or check for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusions of, linking to or permitting the use of or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Part Website or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies and LD Picture Perfect, LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
LD Picture Perfect, LLC reserves the right but does not have the obligation to:
A. monitor the Website for violations of the Agreement
B. take appropriate legal action against anyone who, in LD Picture Perfect, LLC's sole discretion, violates the Agreement, including without limitation, reporting such user to law enforcement authorities.
C. in LD Picture Perfect, LLC's sole discretion and without limitation, refuse, restrict access to or availability of or disable (to the extent technologically feasible) any user's contribution or any portion thereof that may violate this Agreement or any LD Picture Perfect, LLC policy.
D. in LD Picture Perfect, LLC's sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to LD Picture Perfect, LLC's systems.
E. otherwise manage the Website in a manner designed to protect the rights and property of LD Picture Perfect, LLC and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available or reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below:
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT.LD Picture Perfect, LLC RESERVES THE RIGHT TO IN LD Picture Perfect, LLC'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE LD Picture Perfect, LLC SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION. WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OF OR ANY APPLICABLE LAW OR REGULATION AND LD Picture Perfect, LLC MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE LD Picture Perfect, LLC SERVICES. DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME WITHOUT WARNING IN LD Picture Perfect, LLC'S SOLE DISCRETION.
In order to protect the integrity of the Website and LD Picture Perfect, LLC Services. LD Picture Perfect, LLC reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and LD Picture Perfect, LLC Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION AT ANYTIME PRIOR TO MIDNIGHT OF LD Picture Perfect, LLC'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS, TO CANCEL, CALL ALD Picture Perfect, LLC CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If LD Picture Perfect, LLC terminates or suspends your account for any reason you are prohibited from registering and creating a new account under your name, a face or borrowed name, or the name of any third part, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account LD Picture Perfect, LLC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
LD Picture Perfect, LLC may modify the Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the LD Picture Perfect, LLC Services after any such modification becomes effective LD Picture Perfect, LLC may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep you contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
LD Picture Perfect, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the LD Picture Perfect, LLC Services (or any part thereof) with or without notice. You agree that LD Picture Perfect, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LD Picture Perfect, LLC Services.
Disputes between users
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that LD Picture Perfect, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release LD Picture Perfect, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and or the LD Picture Perfect, LLC Services.
With LD Picture Perfect, LLC
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and LD Picture Perfect, LLC Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Arkansas, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Sebastian County, State of Arkansas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveyance with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement Additionally application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or LD Picture Perfect, LLC Services be instituted more than two (2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute") , you and LD Picture Perfect, LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least Thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
C. Binding Arbitration. If you and LD Picture Perfect, LLC are unable to resolve a Dispute through informal negotiations either you to LD Picture Perfect, LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of the arbitrator compensation shall be governed by the AAA Consumer Rules and where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be the excessive. LD Picture Perfect, LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submissions of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law and any aware may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Sebastian County State of Arkansas. Except as otherwise provided in the Agreement, you and LD Picture Perfect, LLC may litigate in court to complete arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
D. Restrictions. You and LD Picture Perfect, LLC agree that any arbitration shall be limited to the Dispute between LD Picture Perfect, LLC and you individually. To the full extent permitted by law. (1) no arbitration shall be joined with any other. (2) there is no right of authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
E. Exceptions to informal Negotiations and Arbitration. You and LD Picture Perfect, LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration. (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or LD Picture Perfect, LLC's intellectual property rights. (2) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use, and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor LD Picture Perfect, LLC will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by court of competent jurisdiction within the courts listed for jurisdiction above and you and LD Picture Perfect, LLC agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. LD Picture Perfect, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
LD Picture Perfect, LLC cannot control the nature of all of the content available on the Website. By operating the Website, LD Picture Perfect, LLC does not represent or imply that LD Picture Perfect, LLC endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third part applications, or that LD Picture Perfect, LLC believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The LD Picture Perfect, LLC is not responsible for the conduct whether online or offline, of any user of the Website or LD Picture Perfect, LLC Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND LD Picture Perfect, LLC SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, LD Picture Perfect, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE LD Picture Perfect, LLC SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, THERE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LD Picture Perfect, LLC MAKES NO WARRANTIES OR PRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOU ACCESS TO OUR WEBSITE. (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR LD Picture Perfect, LLC SERVICES. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. LD Picture Perfect, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OR OTHER ADVERTISING, AND LD Picture Perfect, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL LD Picture Perfect, LLC OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. LD Picture Perfect, LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LD Picture Perfect, LLC FOR THE LD Picture Perfect, LLC SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold LD Picture Perfect, LLC, its subsidiaries, and affiliated, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of your contributed content, use of the LD Picture Perfect, LLC Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing LD Picture Perfect, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify LD Picture Perfect, LLC, and you agree to cooperate, at your expense, with LD Picture Perfect, LLC's defense of such claims. LD Picture Perfect, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notes given to LD Picture Perfect, LLC shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the LD Picture Perfect, LLC Services, as well as data relating to your use of the LD Picture Perfect, LLC Services. Although we perform regular routine backups of data, you are primarily responsible for all date that you have transferred or that relates to any activity you have undertaken using the LD Picture Perfect, LLC Services. You agree that LD Picture Perfect, LLC shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against LD Picture Perfect, LLC arising from any such loss or corruption of such data.
Your use of the LD Picture Perfect, LLC Services includes the ability to enter into agreements and/or to make transactions electronically YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE LD Picture Perfect, LLC SERVICES, INCLUDING NOTICES OF CANCELLATION POLICIES, CONTRACT, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and LD Picture Perfect, LLC regarding the use of the LD Picture Perfect, LLC Services. The failure of LD Picture Perfect, LLC to exercise or enforce any right or provisions of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. LD Picture Perfect, LLC may assign any or all of its rights and obligations to others at any time. LD Picture Perfect, LLC shall not be responsible or liable for any loss, damage, delay or failure to act caused by any unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and LD Picture Perfect, LLC as a result of this Agreement or use of the Website and LD Picture Perfect, LLC Services. Upon LD Picture Perfect, LLC's request, you will furnish LD Picture Perfect, LLC any documentation, substantiation or releases necessary to verify your compliance with the Agreement. You agree that this Agreement will not be construed against LD Picture Perfect, LLC by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the LD Picture Perfect, LLC Services or to receive further information regarding use of the LD Picture Perfect, LLC Services, please contact LD Picture Perfect, LLC as set forth below, or, if any complaint with us is not satisfactory resolved, and you are a California resident, you can contact the Complaint Assistance Unit of Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
LD Picture Perfect Photography, LLC
5004 South U Street
Bldg, B, First Level
Fort Smith, AR 72903
Phone (479) 222-0085