Last updated 05/14/2023
AGREEMENT TO TERMS
By engaging with our services and accessing the Dream Shot Hawaii website ("Site"), you acknowledge and agree to abide by the following terms and conditions ("Agreement") as set forth by Dream Shot Hawaii ("Company," "we," "us," or "our"). If you do not agree to these terms, you are prohibited from using the Site, and you must discontinue use immediately.
Supplemental terms, conditions, or documents that may be provided on the Site from time to time are hereby incorporated into this Agreement. We reserve the right to modify or change these terms at any time and for any reason. Notification of such changes will be indicated by updating the "Last Updated" date of this Agreement. Your continued use of the Site after any modifications constitutes acceptance of the revised terms.
The content and information provided on the Site are for general informational purposes only and do not constitute professional advice. The Site is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or regulation. Any individuals accessing the Site from other locations do so at their own initiative and are solely responsible for complying with applicable local laws.
1.1 Photography Services: We provide professional photography services, including but not limited to, capturing images, editing, and delivering the final product in various formats.
1.2 Client Responsibilities: As the client, you agree to provide accurate and complete information necessary for the provision of our services. You are responsible for securing any necessary permissions, licenses, or access to locations and subjects for photography sessions.
1.3 Copyright and Usage: The copyright and ownership of all photographs taken by us remain with Dream Shot Hawaii unless otherwise agreed upon in writing. You are granted a non-exclusive, non-transferable license to use the photographs for personal, non-commercial purposes. Commercial use of photographs requires prior written consent from Dream Shot Hawaii.
2. Payment and Cancellation
2.1 Fees: The fees for our services are outlined in the pricing agreement provided to you. Payment terms and methods will be specified in the agreement as well.
2.2 Cancellations: In the event of a cancellation, you must provide notice to Dream Shot Hawaii within a reasonable timeframe. Cancellation fees may apply based on the terms outlined in the pricing agreement.
3. Intellectual Property
3.1 Site Content: All content on the Site, including but not limited to text, graphics, images, logos, and audio or video materials, is the property of Dream Shot Hawaii or its licensors and is protected by applicable intellectual property laws.
3.2 Restrictions: You are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, or creating derivative works from any content on the Site without prior written consent from Dream Shot Hawaii.
4. Limitation of Liability
4.1 Disclaimer: The information and services provided on the Site are provided "as is" without any warranties, express or implied. Dream Shot Hawaii disclaims all liability for any inaccuracies, errors, or omissions in the content or services.
4.2 Indemnification: You agree to indemnify and hold Dream Shot Hawaii harmless from any claims, damages, or losses arising from your use of the Site or any breach of this Agreement.
4.3 Limitation of Liability: In no event shall Dream Shot Hawaii be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Site or the services provided.
5. Governing Law and Jurisdiction
5.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Dream Shot Hawaii is located.
5.2 Jurisdiction: Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of
INTELLECTUAL PROPERTY RIGHTS
The Site, including all its content, such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos displayed on the Site ("Marks"), are the proprietary property of Dream Shot Hawaii, unless otherwise indicated. These elements are protected by copyright, trademark, and other intellectual property laws, both in the United States and internationally. Any unauthorized use of the Content or Marks may violate these laws, as well as unfair competition laws.
TERM AND TERMINATION
LIMITATIONS OF LIABILITY
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By accessing and using the Site, you affirm and warrant the following:
If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you access to the Site, either temporarily or permanently.
You are strictly prohibited from engaging in any activities on the Site that are not in line with the intended purpose for which the Site is made available. The Site may not be used for any commercial endeavors unless expressly endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
If you submit suggestions or feedback regarding the Site, you acknowledge and agree that we may freely use and share such feedback for any purpose without providing any compensation to you.
We do not claim ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property rights or proprietary rights. We are not responsible for any statements or representations made in your Contributions on the Site. You are solely responsible for your Contributions, and you agree to hold us harmless and refrain from taking any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") you provide to us regarding the Site are non-confidential and become our exclusive property. We acquire all rights, including intellectual property rights, and have the unrestricted right to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without any acknowledgment or compensation to you. By making Submissions, you waive all moral rights associated with them and warrant that they are either original to you or that you have the right to submit them. You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
We reserve the right, but not the obligation, to:
(3) Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any part thereof, at our sole discretion and without limitation.
(4) Remove or disable files and content from the Site that are excessively large or burdensome to our systems, at our sole discretion and without notice or liability.
(5) Manage the Site to protect our rights and property and ensure its proper functioning.
If we terminate or suspend your account, you are prohibited from creating a new account under your name, a false name, a borrowed name, or the name of any third party, whether acting on behalf of that third party or not. In addition to account termination or suspension, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We retain the right, at our sole discretion and without prior notice, to change, modify, or remove any content on the Site for any reason. However, we are under no obligation to update the information on the Site. Additionally, we may modify or discontinue the Site, or any part thereof, without notice. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Site.
These Terms shall be governed by and construed in accordance with the laws of Hawaii. You irrevocably consent to the exclusive jurisdiction of the courts in Hawaii to resolve any dispute that may arise in connection with these terms.
Any dispute arising out of or relating to this contract, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the International Commercial Arbitration Court of the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of the ICAC. The arbitration shall be conducted with a single arbitrator. The seat of arbitration shall be in Hawaii, and the language of the proceedings shall be __________. The substantive law of Hawaii shall govern the contract.
The Parties agree that any arbitration shall be limited to the individual Dispute between the Parties. To the fullest extent permitted by law, (a) no arbitration shall be consolidated with any other proceeding; (b) there shall be no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there shall be no right or authority for any Dispute to be brought on behalf of the general public or any other persons in a purported representative capacity.
EXCEPTIONS TO ARBITRATION
The Parties agree that the following Disputes are not subject to the binding arbitration provisions outlined above: (a) Disputes related to the enforcement, protection, or validity of any intellectual property rights of a Party; (b) Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any provision of this clause is deemed illegal or unenforceable, neither Party will be required to arbitrate any Dispute falling within that portion of the provision. Instead, such Dispute shall be decided by a court of competent jurisdiction as specified in the governing law section above, and the Parties agree to submit to the personal jurisdiction of that court.
Please note that there may be instances where the information on the Site contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the Site at any time, without prior notice.
The Site is provided on an "as-is" and "as-available" basis. Your use of the Site and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, in connection with the Site and your use thereof. We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies in the content and materials. We do not guarantee the continuous availability of the Site and accept no responsibility for any interruptions, delays, or errors that may occur.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or responsible for monitoring any transaction between you and third-party providers of products or services. You should exercise caution and use your best judgment when engaging in any transaction.
In no event will we or our 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 profit, lost revenue, loss of data, or other damages arising from your use of the Site. Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us.
While we maintain certain data related to the performance and usage of the Site, you are solely responsible for all data transmitted or associated with your use of the Site. We are not liable for any loss or corruption of such data.
By visiting the Site, sending us emails, or completing online forms, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement for written communication. You also agree to the use of electronic signatures, contracts, and other records, and electronic delivery of notices and policies.
For complaints or further information about the Site, please contact us at firstname.lastname@example.org.