Website Terms of Use & Privacy Policy

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READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. 

1. User Eligibility

The Website is provided by Classic Images ("C.I.") for Dawn Avalon and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.

2. Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, "Services") available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website ("Service Agreement(s)"). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

3. Modifications

C.I./Dawn Avalon may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of C.I./Dawn Avalon. C.I./Dawn Avalon may also change or impose fees for products and services provided through the Website at any time in its sole discretion. C.I./Dawn Avalon may establish or change, at any time, general practices and limits concerning other C.I./Dawn Avalon products and services in its sole discretion.

4. Service Terms and Conditions

The service terms and conditions of C.I./Dawn Avalon (the “Service Terms and Conditions”) applicable to the photographic and laboratory services provided by C.I./Dawn Avalon govern Your use of such services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the C.I./Dawn Avalon Service Terms and Conditions.

5. Information Submitted Through the Website and the Services

Your submission of information through the Website and the Services is governed by these terms of Use.  You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.

With respect to any individual whose personal information is provided by You to C.I./Dawn Avalon through the Website and the Services, You represent to C.I./Dawn Avalon that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.

6. License and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of C.I./Dawn Avalon. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of C.I./Dawn Avalon, its affiliates or other entities that have granted C.I./Dawn Avalon the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of C.I./Dawn Avalon. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without C.I./Dawn Avalon prior written permission. Except as expressly provided herein, C.I./Dawn Avalon does not grant to You any express or implied rights to C.I./Dawn Avalon's Intellectual Property.

C.I. and Dawn Avalon grants You a limited, personal, nontransferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by C.I./Dawn Avalon, and (b) access and use only in the manner expressly permitted by C.I./Dawn Avalon. Except for this limited license, C.I./Dawn Avalon does not convey any interest in or to the information or data available via the C.I./Dawn Avalon website content, services, or any other C.I./Dawn Avalon property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of C.I./Dawn Avalon. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, re-transmit or otherwise use the Content in any way, unless expressly permitted to do so by C.I./Dawn Avalon.

7. Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Website.

(b) You will not place false or misleading information on the Website.

(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by C.I./Dawn Avalon.

(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, malware or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.

(e) Certain areas of the Website are restricted to customers of C.I./Dawn Avalon.

(f) You may not use or access the Website or Services in any way that, in C.I./Dawn Avalon's judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Services or the Website.

(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of C.I./Dawn Avalon.

8. Links

(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by C.I./Dawn Avalon of the content on such Linked Sites. C.I./Dawn Avalon makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. C.I./Dawn Avalon is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

(b) Inbound Links. Linking to any page of the Website other than to http://www.DawnAvalon.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with C.I./Dawn Avalon. Any website or other device that links to http://www.DawnAvalon.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, 

(c) implying in any fashion that C.I./Dawn Avalon or any of its affiliates are endorsing it or its products, 

(d) misrepresenting any state of facts, including its relationship with C.I./Dawn Avalon or any of its affiliates, (e) presenting false information about C.I./Dawn Avalon products or services, and 

(f) using any logo or mark of C.I./Dawn Avalon or any of its affiliates without express written permission from C.I./Dawn Avalon.

9. Submissions

C.I./Dawn Avalon does not accept ideas, concepts, or techniques for new services or products through the Website.  If such are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) C.I./Dawn Avalon and its affiliates are under no obligation to keep such information confidential, and (c) C.I./Dawn Avalon will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such in any manner it chooses. 

10. Termination

You agree that C.I./Dawn Avalon , in its sole discretion, may terminate or suspend Your use of the Website, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content.  Accessing the Website, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that C.I./Dawn Avalon shall not be liable to You or any third party for any termination or suspension of Your access to the Website, Information and/or the Services.

11. Disclaimer of Warranties

C.I./DAWN AVALON MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE SERVICES, THE INFORMATION OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS.  C.I./DAWN AVALON AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  C.I./DAWN AVALON  AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY C.I./DAWN AVALON IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

12. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT C.I./DAWN AVALON IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, C.I./DAWN AVALON IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL C.I./DAWN AVALON, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT C.I./DAWN AVALON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

13. Compliance with Law Including Export Control

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of C.I./Dawn Avalon , negatively reflect on the goodwill or reputation of C.I./Dawn Avalon and shall take no actions which would cause C.I./Dawn Avalon to be in violation of any laws, rulings or regulations applicable to C.I./Dawn Avalon.

C.I./Dawn Avalon and the Website are based in the United States.  The United States and certain other jurisdictions control the export of products and information.  You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations.  If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited.  You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

14. Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

15. Governing Law and Language

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of California, U.S.A. excluding (i) California's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  To the fullest extent permitted by law, the controlling language for these Terms of Use is English.  

16. General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. Written Document

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

18. Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND C.I./DAWN AVALON, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND C.I./DAWN AVALON WITH RESPECT TO THE USE OF THE WEBSITE AND ANY SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF. 

19. Customer Service

Questions or comments regarding the Website may be submitted to: studio@dawnavalon.com

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 Website Privacy Policy

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION? 

When you purchase something from the gallery or store, as part of the buying and selling process, we collect personal information you give us such as your name, address and E-Mail address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. E-Mail marketing information & mailing lists are maintained when necessary. With your consent, you may receive E-Mail messages about new products or services and updates on events.

SECTION 2 – CONSENT 

When you provide personal information to complete a transaction, verify your credit card, place an order, arrange a delivery or return a purchase, it is implied that you consent to us collecting it and using it for that specific purpose only. If we ask for your personal information for another reason, such as marketing, we will ask you directly for your expressed consent. When you sign up for a newsletter or blog updates, you are consenting to receive these services only. If after you sign up, you change your mind, you may withdraw your consent by contacting: studio@dawnavalon.com

SECTION 3 - DISCLOSURE 

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - THIRD-PARTY SERVICES 

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. When you click on links in the Gallery or  the Stock Image page, they may direct you away from this website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 5 - SECURITY 

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 6 - COOKIES 

We may use cookies when necessary.

SECTION 7 - AGE OF CONSENT 

By using this site, you represent that you are at least the age of majority in your state or province of residence.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY 

We reserve the right to modify this privacy policy at any time without notice. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.   

QUESTIONS AND CONTACT INFORMATION 

If you would like to correct, amend or delete any personal information we have about you, contact: studio@dawnavalon.com