Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using LeiliEstakiPhoto.com or Leiliestaki.com, also referred to as the “Website” or the “Site”, all visitors, referred to as “User”, “you” and “your” , signify your consent to these terms of use. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this Site, is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site and Leili Estaki Photography (the “Company”) are superseded and of no force or effect:
1 - Use of the Site
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
1.a - Circumvention of Site and Services
You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent the Company’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to our provision of the Services.
1.b - Additional Prohibited Uses
You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
1.c - Risk Assumption and Precautions
You assume all risks when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others.
1.d - Privacy Policy
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
2 - Intellectual Property
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site are copyrighted and belong solely to the Company, unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
Furthermore, the Site contains intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Leili Estaki Photography name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at info@leiliestaki.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
3 - Fees, Payments, and Refund Policies
3.a - Fees
A schedule of current packages and fees will be provided to you during a free consultation call or visit. Such packages and fees are subject to change or termination by us from time to time without notice.
3.b - Payment and Refund Policies
Upon confirmation of the booking of these fee-based Services, Clients agree to pay the Company the applicable fees then in effect. In addition, Clients authorize the Company to charge their chosen payment provider for said fees. The Company reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed.
3.c - Reschedule Services
You may reschedule your session from the original date to another date with five (5) business days prior to the originally scheduled session date without penalty or charges. To reschedule your booking, contact us at info@leiliestaki.com.
4 - Limitation of Liability
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, the Company can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of the Site or your relationship with the Company. The foregoing applies even if the Company was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.
5 - Third Party Resources
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company or the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6 - Indemnification
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
7 - Governing Law
These Terms of Use shall be construed in accordance with, and governed by, the laws of the state of California, USA. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms of Use shall be Santa Clara County, California USA. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms of Use, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms of Use, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
8 - Variation
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
9 - Severability
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
10 - Entire Agreement
These Terms of Use, along with any Disclaimer and Privacy Policy posted on the Site constitutes the entire agreement between you and the Company pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms of Use by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
11 - Contact Us
If you have any questions about these Terms of Use, please contact us via email at info@leiliestaki.com.
Last Updated: November 24, 2022