Terms of Use
1. Introduction Welcome to Valkyrie Visions Photography. This website is operated by Valkyrie Visions Photography, based in Colorado Springs, Colorado. Throughout the site, the terms “we”, “us”, and “our” refer to Valkyrie Visions Photography. Valkyrie Visions Photography offers this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
2. Intellectual Property Rights All content published on and provided through our website, including but not limited to photographs, images, text, graphics, logos, audio clips, digital downloads, data compilations, and software, is the property of Valkyrie Visions Photography or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Valkyrie Visions Photography, with copyright ownership as stated.
This website and its content are intended for customers of Valkyrie Visions Photography. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Valkyrie Visions Photography content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Valkyrie Visions Photography and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Valkyrie Visions Photography or our licensors except as expressly authorized by these Terms.
2.1. User-Generated Content We welcome and encourage our users to share their content through our platform. Whether it's your breathtaking engagement photos, enchanting wedding snapshots, or any other precious moments captured, we invite you to contribute to the vibrant Valkyrie Visions community. However, it's crucial that all shared content respects the intellectual property rights of others.
Content Guidelines:
I. Respect for Intellectual Property: Ensure that any content you post does not infringe upon the intellectual property rights of third parties. Original content or content you have explicit rights to use is welcome.
II. Right to Remove: Valkyrie Visions Photography reserves the right to review and remove any user-generated content that is found or reported to violate these guidelines, without prior notice.
By sharing your content with us, you grant Valkyrie Visions Photography a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for any purpose related to our services. This license allows us to feature your beautiful moments across our platforms, showcasing the incredible stories our clients have to tell.
3. Acceptable Use This section outlines the standards and conditions under which users are permitted to access and use the services and content provided by Valkyrie Visions Photography. Our aim is to foster a positive and respectful community, and as such, we require all users to adhere to these principles of acceptable use.
You agree not to:
I. Use our services in any way that violates federal, state, local, or international law or regulation.
II. Engage in any behavior that may harm, exploit, or intimidate another person.
III. Infringe on the intellectual property rights of others or of Valkyrie Visions Photography.
IV. Transmit any advertising or promotional material without our prior written consent.
V. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our service, the server on which the service is stored, or any server, computer, or database connected to our service.
VI. Use automated systems, including robots, spiders, or offline readers, to access our service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
Enforcement: Valkyrie Visions Photography reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the services. We may also terminate or suspend your access to all or part of the services for any or no reason, including without limitation, any violation of these Terms of Use.
4. Accounts When you create an account on our site, you agree to the following:
I. Creation and Use of Accounts: To access certain features of our services, you may be required to create an account. When creating your account, you agree to provide accurate and complete information. Each account is personal and non-transferable.
II. Responsibility for Account Activity: You are responsible for maintaining the confidentiality of your account information, including your password. You agree to accept responsibility for all activities that occur under your account or password.
III. Account Security: We implement measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
IV. Notification of Unauthorized Use: You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Valkyrie Visions Photography will not be liable for any loss or damage arising from your failure to comply with this section.
V. Account Termination: Valkyrie Visions Photography reserves the right to terminate your account, delete your profile and any content or information that you have posted on the website, and prohibit you from using or accessing the service for any reason, at any time in its sole discretion, with or without notice.
5. Sale of Goods and Services This section of our Terms of Use outlines the policies governing the purchase and sale of services through Valkyrie Visions Photography. Our offerings are tailored to capture your significant moments and include:
Wedding Photography: Comprehensive coverage of your wedding day, from pre-ceremony preparations to the reception. Services include a predetermined number of professionally edited digital images, with options for physical prints and albums.
Engagement Photography: A dedicated session to capture the essence of your commitment to each other, ideal for announcements, save-the-dates, or keepsakes. This service includes a set of edited digital images, with various locations and outfit changes as discussed.
Couples Photography: Tailored sessions that celebrate your relationship, suitable for anniversaries, special occasions, or just because. Like the other services, this includes professionally edited digital images, with the flexibility to choose the setting that best reflects your bond.
I. Payment Methods Accepted: We accept various forms of payment, including major credit cards and online payment platforms, for your convenience.
II. Refund and Cancellation Policies: Due to the nature of our scheduling and the work involved in preparing for each session, all payments are considered final upon booking. If you need to cancel or reschedule, please contact us as soon as possible. Specific details regarding cancellations or rescheduling are provided at the time of booking.
III. Deliverables: Depending on the package selected, clients will receive a predetermined number of edited digital photographs, delivered via an online gallery or physical media, as agreed upon in the service contract.
IV. No Warranties or Guarantees: While we strive for perfection in every shot, Valkyrie Visions Photography does not offer warranties or guarantees regarding the specific outcome of any photography session. We commit to working closely with our clients to meet their expectations and deliver high-quality photography services.
By purchasing services from Valkyrie Visions Photography, clients agree to these terms, ensuring a clear understanding and agreement on the process, deliverables, and policies related to our photography services.
6. Payments All services purchased from us are subject to a one-time payment. We accept payments through various methods detailed on our website.
I. Invoicing and Payment Methods: Clients will receive an invoice for services rendered. Payment can be made via various forms of credit or debit cards. It is our policy to ensure all transactions are securely processed.
II. Payment Deadline: Full payment must be received at least 24 hours before the scheduled photoshoot. This policy helps us maintain a commitment to quality service and scheduling integrity.
III. Refunds: In the rare event that I am unable to fulfill the photography session due to unforeseen circumstances such as equipment malfunction, a full refund will be issued to the client.
IV. Late Payments: Payments not received in full before the photoshoot will result in withholding of photographs and editing services. A late payment fee will be applied to the total invoice amount. Clients anticipating payment delays are encouraged to contact me in advance to discuss potential arrangements and avoid additional charges.
V. Deposits: For certain packages, a non-refundable deposit may be required to book and hold the date for your session. The exact amount and terms will be specified during the booking process.
VI. Balance Payment: Any remaining balance for services must be paid according to the terms outlined in your service agreement, typically no later than the day of the event.
7. Consumer Protection Law Valkyrie Visions Photography operates in full compliance with the consumer protection laws of Florida and Colorado. These laws are designed to safeguard the rights of consumers, ensuring they receive fair treatment and are protected against fraud. Our services, including wedding, engagement, and couples photography, adhere to these legal standards, ensuring transparency, fairness, and accountability in all transactions.
Rights Under Consumer Protection Law:
I. Right to Information: Clients have the right to clear and accurate information about the services they are purchasing.
II. Right to Cancel: Clients can cancel their service contracts under certain conditions, as outlined in our Refund and Cancellation Policies.
III. Right to Redress: In the event of a dispute, Valkyrie Visions Photography commits to resolving issues promptly and fairly, in accordance with applicable state laws.
We encourage our clients to understand their rights and responsibilities under these laws and to contact us with any questions or concerns regarding our services.
8. Limitation of Liability Valkyrie Visions Photography, including its owners, employees, and affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, Valkyrie Visions Photography’s services or content. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Valkyrie Visions Photography has been advised of the possibility of such damage.
The total liability of Valkyrie Visions Photography for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services.
9. Indemnification You agree to indemnify, defend, and hold harmless Valkyrie Visions Photography and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your Internet account. This indemnification obligation will survive the termination of these terms and your use of Valkyrie Visions Photography’s services.
10. Amendments We reserve the right to amend these Terms of Use at any time, at our sole discretion. Any amendments will be effective immediately upon posting the revised terms on our website. Your continued use of our services following the posting of changes constitutes your acceptance of such changes. We encourage you to frequently review the Terms of Use to ensure you understand the terms and conditions that apply to your use of our services.
11. Governing Law These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Florida and the State of Colorado, as applicable, without regard to conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the services provided shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida/Colorado, in each case located in the city and county of [Specific Location, if any]. By using our services, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Dispute Resolution In the event of a dispute, controversy, or claim arising out of or relating to these Terms of Use or the breach thereof, the parties shall first attempt to settle the dispute through good-faith negotiation. If the dispute cannot be settled through negotiation within a period of 30 days, then, upon notice by either party to the other, all disputes shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in the English language, in the state of Florida or Colorado, depending on where the service was provided. The decision of the arbitrator shall be final and binding on both parties. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration.
13. Contact Details For any questions or concerns regarding these terms, please contact us at valrstudios@yahoo.com or at (719) 362-0096.