Sweet Me Photography's Terms of Use
These Terms of Use govern your access to and use of the Sweet Me Photography website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and SMP, Inc. (“we”, “us” or “SMP”).
If you do not agree or are unable to agree to be bound by these Terms of Use, do not use the Site or the Services.
We may modify these Terms of Use from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the bottom of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
1. NATURE OF OUR SITE AND SERVICES.
a. Site is a Venue. The Site provides a venue for people seeking photography services (“Clients”) to connect with people who want to provide those services (“Photographers”) and to purchase those services. SMP is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
2. ELIGIBILITY.
By requesting to use and/or using the Site, you represent and warrant that:
a. if you are a Client:
i. Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside.
3. USE OF SITE AND SERVICES.
a. Registration Information. When you submit an inquiry through the Site, you will be asked to provide us with certain information about yourself (your “Information“). Following the inquiry, we will contact you via telephone and you may be asked to provide additional information about yourself and your family and/or your use of third party services. Your Information will be used in accordance with SMP’s Privacy Policy. You are responsible for providing accurate, current and complete information, including the information provided through the inquiry process or telephone conversation used to arrange Services on your behalf.
Use of Personal Information. You may from time to time receive personal information of a Photographer. For example, upon confirmation of a booking, Client’s will be provided with a Photographer’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Photographers may not contact Clients, and Clients may not contact Photographers, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
b. Review Guidelines. Clients will have the opportunity to provide Reviews about Photographers they have used. Reviews should not include any personal information about a Photographer that is not disclosed in the Photographer’s public Profile (for example, the Review should not include or reference a Photographer’s address or phone number). Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. We reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
c. 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 SMP’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to SMP’s provision of the Services.
d. 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 SMP in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
e. Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others.
f. Privacy Policy. You represent that you have read and understood our Privacy Policy.
g. Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties pertaining to the Site. You can contact us at support@sweetmephotography.com
7. THIRD PARTY SITES.
The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
8. FEES, PAYMENT, AND REFUND POLICIES.
a. Fees. A schedule of current package plans and fees available for Clients is listed on the Site. Such packages and fees are subject to change or termination by SMP from time to time without notice. If there is any change to the packages or fees, the pages listing the current packages or fees, respectively, will be updated.
b. Payment and Refund Policies. Upon confirmation of the booking of these fee-based Services, Clients agree to pay SMP the applicable fees then in effect. In addition, Clients authorize SMP to charge their chosen payment provider for said fees. SMP 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.
c. Reschedule Services. Client may reschedule their session from their original date to another date with seven (7) business days prior to the originally scheduled session date without penalty or charges. To reschedule your booking, contact customer service at SMP at info@sweetmephotography.com or call 800.773.7009.
9. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.
Users have the option of providing SMP with their mobile phone number as part of the booking process. Clients who provide SMP with their mobile phone number may receive text message communications from SMP on their cellular phones and/or mobile devices. By providing SMP with your mobile phone number, you consent to SMP sending text messages to your cellular phone and/or mobile device. SMP does not charge for sending text messages, but your carrier may charge you.
10. PROMOTIONAL OFFERS AND CREDITS.
From time to time, SMP may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of SMP, and can be modified or terminated at any time by SMP with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, SMP may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
11. INTELLECTUAL PROPERTY RIGHTS.
a. Copyright. All materials on the Site are either owned by SMP or are the property of SMP’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
b. Trademarks. The service marks and trademarks “SMP” and the SMP logo are owned by SMP. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of SMP and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
c. Ownership and Use. SMP retains ownership of its intellectual property rights and you have no rights to SMP’s intellectual property or SMP’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site.
d. Restrictions. During the photo session, you are prohibited from taking photographs, videos or filming any photo sessions with your personal devices without the express permission of SMP. In the event that SMP discovers that you have taken photographs or filmed the session utilizing your personal device, SMP reserves the right to request that you delete such images.
e. Proof Images. You are prohibited from downloading, copying, duplicating or sharing the proof images in any manner, whether public or private, until you have finalized the purchase of said images.
12. DISPUTES.
If any disputes or disagreements arise between a Client and a Photographer relating to the services provided by Photographer, the Client and the Photographer are responsible for resolving any such disputes directly with each other. SMP will not be a party to any such dispute, and SMP will not be obligated to take any action toward resolving the dispute.
If any disputes or disagreements arise between a Client and a Photographer relating to the payments made by or due from Client, the Client and SMP are responsible for resolving any such disputes directly with each other. The Photographer will not be a party to any such dispute.
13. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF SMP AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
a. “AS-IS” BASIS. SMP provides the Site on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
b. NO WARRANTIES; RELEASE. SMP GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site). SMP does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SMP DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH. SMP does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. SMP makes no warranties about the connectivity and continued availability of the Site or Services. You acknowledge and assume any risks associated with allowing an individual in your home to perform services on your behalf.
YOU AGREE TO RELEASE SMP AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.USER CONTENT. SMP MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Clients, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
c. LIMITATION OF LIABILITY. IN NO EVENT WILL SMP OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF USE, SMP’S MAXIMUM AGGREGATE LIABILITY TO CLIENTS IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY CLIENT TO SMP IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
14. INDEMNIFICATION.
Client agrees to indemnify, defend and hold harmless SMP and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by SMP and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your violation of these Terms of Use or your violation of any rights of a third party, (ii) your interactions with or conduct towards any Photographers, or (iii) your violation of any applicable law, rules or regulations. Client agrees that Client will cooperate as reasonably requested by SMP in the defense of such claims. SMP and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client.
15. DIGITAL MILLENNIUM COPYRIGHT ACT.
SMP respects the intellectual property rights of others and expects its Clients to do the same. SMP may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, SMP, in its sole and absolute discretion, may terminate the accounts of Clients who infringe the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting SMP’s copyright agent (identified below) and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
SMP’s Copyright Agent is:
Copyright Agent Sweet Me Photography, Inc.
4653 Carmel Mountain Rd, Suite 308-226
San Diego, CA 92130
info@sweetmephotography.com
16. GENERAL PROVISIONS
a. Governing Law and Venue. California law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and SMP, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, City and County of San Diego.
b. No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. SMP is not an employment service or agency, and does not serve as an employer or referral source for any User.
c. Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
d. Complete Agreement. These Terms of Service contains the entire agreement between you and SMP regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
e. Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify SMP as to any matters relating to the Site or Services please contact SMP at:
Sweet Me Photography, Inc.
4653 Carmel Mountain Rd, Suite 308-226
San Diego, CA 92130
info@sweetmephotography.com