terms of use

Melissa Schollaert Photography ("We") welcome you to the Melissa Schollaert Photography website (the "Site") located at www.msp-photography.com or any subsequent URL which may replace it.

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions of Use (these "Terms"). If you do not agree to these Terms, you should not use or access this Site. If you have any questions, please contact customer services.

Melissa Schollaert Photography reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the Site

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.

We require all users of the Site ("Users" also referred to herein as "You" or "Your") to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

· posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

· posting any information which is untrue, libellous, blasphemous or causes annoyance, inconvenience or needless anxiety to any person.

· posting information that is obscene or in breach of racial or religious hatred or discrimination legislation;

· engaging in conduct that would constitute a criminal offence or breach of court order or give rise to civil liability or otherwise violate or incite to violate any law or regulation;

· promoting any site or service other than the Melissa Schollaert Photography site and Melissa Schollaert Photography services;

· attempting to interfere in any way with the Site's or Melissa Schollaert Photography‘s network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

2. Membership of the Site

You are invited to become registered users ("Members") of this Site. You must be aged 13 or over.

Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.

You are responsible for maintaining the confidentiality of your Member account and password. You agree to accept responsibility for all activities that occur under your Member account or password. You agree to immediately notify us in the event of any unauthorized use of your Member account or other breach of security.

Melissa Schollaert Photography reserves the right to revoke your Member account for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice.

3. Product information and availability

Excluding any content that may be submitted by Users and Members from time to time, Melissa Schollaert Photography strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies that Melissa Schollaert Photography may correct without liability.

We do not guarantee that all products described on our Site will be available.

All prices shown are inclusive of VAT & taxes at current rates and are exclusive of delivery charges. Melissa Schollaert Photography reserves the right to change the prices for products at any time, but changes will not affect customer orders that have already been paid for. We are under no obligation to supply products to you at incorrectly stated prices, even after we have sent you an order confirmation (as defined above) if the pricing error could be identified as a mispricing by a person acting reasonably.

4. Orders and limitation on quantities

We must receive full cleared payment for an order before we dispatch your order. You can pay using any major credit or debit card. All credit or debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we won't be liable for any delay or non-delivery.

Melissa Schollaert Photography reserves the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged).

If we are unable to fulfil your order within two business days of receiving your payment, we will contact you by email or telephone advising you of this. In this event we cancel your order and will fully refund you, free of charge.

5. Delivery of products

We specify the method and address for delivery when you make your order. Risk of damage or loss of the products passes to you on delivery.

We will deliver your order in accordance with the delivery option selected by you. Please view our delivery options for full details. Whenever referred to, working days exclude Saturday, Sunday and National holidays. If you have specified delivery to more than one address when placing your order there is a separate charge for each destination address. Any delivery timescales are indicative only. Time is not of the essence.

Upon delivery of your order to you, we will provide you with sufficient information to enable you to exercise your statutory right of refund or replacement and address any intended cancellation to the correct addressee or to return your product(s).

6. Refunds and Replacements

We hope that you will be delighted with your order. All orders are custom made and not eligible for refund once placed. However, if for any reason your order is damaged during shipment you must contact us within seven days of your receipt of goods. We will consider the condition of the goods being returned when making a refund. Please email melissa@melissaschollaertphotography.com directly.

7. Proprietary rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Melissa Schollaert Photography and are protected by copyright, trademark and/or other proprietary rights and laws.

You may view the contents on the Site, but you may NOT download the contents for any reason. The contents must not be used for commercial purposes or incorporated in any publication in any form. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.

8. Submitted content

Melissa Schollaert Photography does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Melissa Schollaert Photography perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Melissa Schollaert Photography the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Melissa Schollaert Photography will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

9. Disclaimers

You assume all responsibility and risk with respect to your use of the Site.

The site, and all content, products, and other information on or accessible from or through this Site or a "linked" site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, Melissa Schollaert Photography does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components.

Melissa Schollaert Photography makes no warranties of any kind regarding any non-Melissa Schollaert Photography sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Melissa Schollaert Photography makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Melissa Schollaert Photography sites. Melissa Schollaert Photography does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

10. Indemnification

You agree to indemnify, hold harmless, and defend Melissa Schollaert Photography, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defence, including attorneys' fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

11. Limitation of liability

In no event shall Melissa Schollaert Photography, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site, whether based upon warranty, contract, tort, or otherwise, even if Melissa Schollaert Photography has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Melissa Schollaert Photography, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Melissa Schollaert Photography in connection with the event giving rise to such liability.

You hereby acknowledge that the preceding paragraph shall apply to all content, products and services available through the Site.

12. International use

Melissa Schollaert Photography controls and operates the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Copyright infringement; notice and take down procedures

Melissa Schollaert Photography specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should send written notification of the copyright infringement claim to melissa@melissaschollaertphotography.com.

Melissa Schollaert Photography will process notices of alleged infringement that it receives and will take appropriate action as suggested by the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. To be effective, the notification of alleged copyright infringement must be in writing and contain the following information:

· physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

· identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

· information reasonably sufficient to permit Melissa Schollaert Photography to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

· a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

· a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

15. Severability

If a provision of these Terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Exclusion of third party rights

These Terms of use are for the benefit of You and Melissa Schollaert Photography, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

17. Entire agreement

These terms of use, together with our Returns and Replacement Policy, Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

18. Law and jurisdiction

These terms of use will be governed by and construed in accordance with US law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of the US.