Terms & Conditions
Last updated: October 15, 2023
1. Introduction
Welcome to Subtle Harmony Photography. These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website subtleharmony.club (the "Site") and any services offered by Subtle Harmony Photography ("we," "us," or "our").
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site or use our services.
2. Use of the Site
2.1 Eligibility
By using this Site, you represent and warrant that you are at least 16 years of age and are legally capable of entering into binding contracts. If you are under 16, you may only use this Site with the involvement and consent of a parent or guardian.
2.2 Account Creation
Some areas of the Site may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password.
2.3 Prohibited Activities
You agree not to:
- Use the Site in any way that violates any applicable local, national, or international law or regulation
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
- Use the Site in a manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site
- Use any device, software, or routine that interferes with the proper working of the Site
- Attempt to reverse engineer, decompile, or otherwise attempt to extract the source code of the Site or any part thereof
- Remove any copyright or other proprietary notices from the Site or any of the materials contained therein
3. Intellectual Property Rights
3.1 Site Content
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Subtle Harmony Photography, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:
- Any resale or commercial use of the Site or its contents
- Any collection and use of any product listings, descriptions, or prices
- Any derivative use of the Site or its contents
- Any downloading or copying of account information for the benefit of another merchant
- Any use of data mining, robots, or similar data gathering and extraction tools
3.3 Trademarks
The Subtle Harmony Photography name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Subtle Harmony Photography or its affiliates. You may not use such marks without the prior written permission of Subtle Harmony Photography.
3.4 User-Generated Content
Any content you upload to our Site will be considered non-confidential and non-proprietary. By providing any user-generated content, you grant us and our affiliates and service providers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or control all rights in and to the content you provide and that such content does not violate these Terms or any applicable law.
4. Services and Products
4.1 Photography Services
All photography services provided by Subtle Harmony Photography are subject to a separate service agreement, which will be provided to you prior to booking. The service agreement will outline specific terms related to the services, including pricing, deliverables, timelines, and usage rights.
4.2 Product Descriptions
We strive to be as accurate as possible in our descriptions of products and services. However, we do not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free.
4.3 Pricing and Payment
All prices are shown in British Pounds (GBP) and are inclusive of VAT where applicable. We reserve the right to change prices at any time without notice. Payment terms for services and products will be outlined in the service agreement or at checkout.
4.4 Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
5. User Conduct and Community Guidelines
When interacting with our Site, particularly in any community features, comments, or user-generated content areas, you agree to follow these guidelines:
- Be respectful and constructive in your interactions with others
- Do not post content that is defamatory, obscene, or offensive
- Do not harass, threaten, or intimidate any person or entity
- Do not post content that infringes on intellectual property rights
- Do not post spam, advertisements, or promotional content without permission
- Do not impersonate another person or misrepresent your affiliation with any person or organization
- Do not post personal or sensitive information about yourself or others
We reserve the right to remove any content that violates these guidelines and to restrict or block access to users who repeatedly violate these Terms.
6. Disclaimer of Warranties
Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.
Neither Subtle Harmony Photography nor any person associated with Subtle Harmony Photography makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither Subtle Harmony Photography nor anyone associated with Subtle Harmony Photography represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components, or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.
To the fullest extent permitted by applicable law, Subtle Harmony Photography hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
7. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Subtle Harmony Photography, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law, including liability resulting from our fraud or fraudulent misrepresentation or from death or personal injury resulting from our negligence.
8. Indemnification
You agree to defend, indemnify, and hold harmless Subtle Harmony Photography, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your user-generated content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
9. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10. Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
11. Termination
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party, or us.
12. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13. Entire Agreement
These Terms, our Privacy Policy, and any service agreements constitute the sole and entire agreement between you and Subtle Harmony Photography regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
14. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
- By email: [email protected]
- By phone: +447679425684
- By mail: 73 Simpson Village, Carmenland, BS23 3YE, United Kingdom