Effective Date: August 1, 2020
Last Updated: August 1, 2020
User Rights, Conduct, and Limitations
If you are under 18, you must obtain parental consent to use this Website. In our sole discretion, we reserve the right to refuse service, remove or edit content, and terminate accounts.
Users may access and use this Website for lawful purposes only. By accessing this Website, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.
You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.
You agree not to access this Website to carry out commercial activity or transmit spam.
You agree not to use any robot, scraper, or spider to access this Website.
You agree not to interfere with advertisements or safety features on this Website in any way including blocking or obscuring such advertisements or safety features.
You acknowledge and agree that Rarely VT Photography, LLC, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.
In the event of third-party legal action against you arising from or relating to your use of this Website, you agree to hold harmless and indemnify Rarely VT Photography, LLC from any related claims or actions.
Product Descriptions & Privacy
We do not guarantee that all information regarding product descriptions and pricing displayed on our website is 100% accurate. We reserve the right to make corrections to any errors without further notice to you.
While we make diligent and reasonable efforts to ensure to accuracy of product description and pricing information on our Website, we cannot guarantee that typographical errors, pricing errors, and mistakes in product descriptions will not occur.
At times, colors of products may appear differently depending on your device or screen. While we make reasonable efforts to describe product colors as accurately as possible, we cannot guarantee that a physical product will be the exact color displayed on your screen.
We may, in our sole discretion, limit the quantities of a product purchasable per order or per person.
Submissions and Reviews
In your use of this Website, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future use of this Website. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access this Website and may prohibit you from future use of this Website.
We reserve the right to edit and remove any content generated by or involving you on our Website. We assume no responsibility or liability for any content sent or posted by you or any other person.
By submitting a review, photo, and comment through our Website, mobile application, or any social media platform, you grant Rarely VT Photography, LLC a worldwide, perpetual, irrevocable, transferable, exclusive, and royalty-free license to copy, publish, reproduce, modify, and distribute such content.
You give Rarely VT Photography, LLC permission to use your name in connection with your submission.
Intellectual Property Rights and Limited License
Rarely VT Photography, LLC reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, on this Website, as well as any and all information assessed through this Website which is proprietary.
Our Limited License to You
By accessing and viewing this Website, Rarely VT Photography, LLC grants you a limited, non-transferrable, revocable license to view content on this Website. If you purchase any product or service through this Website, you may download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to download, view, and copy the material. You are prohibited from reselling or distributing such purchased material.
No other use of our content is permitted without the express written consent of Rarely VT Photography, LLC.
You may not use any Intellectual Property belonging to Rarely VT Photography, LLC without express written consent. You may not copy, reproduce, repost, alter, manipulate, sell, or distribute any of the Intellectual Property of Rarely VT Photography, LLC without our express written consent.
If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use this Website and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. Furthermore, if your violation of these Terms involves or relates to materials you have purchased through this Website, we reserve the right to revoke your access to that material, without refund, and take any appropriate legal action.
Your License to Us
By publicly posting any original content on our Website, you agree to assign any intellectual property rights to that content to us in exchange for the good and valuable consideration of accessing and using our Website.
If you submit to us your original content through our Website, social media accounts, webinars, or any other public medium, you acknowledge, understand, and agree that you are granting us an irrevocable, unlimited, non-exclusive, perpetual, and royalty-free worldwide license to copy, edit, use, distribute, sell, or publicly display any content you post.
Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act, we will review all copyright infringement claims that we receive and remove any content posted or distributed in violation of U.S. copyright law.
To notify us of a claim of copyright infringement, please include all information and details required by the Digital Millennium Copyright Act and send notice of your claim to:
Rarely VT Photography, LLC
62 Gilmore Road, Tinmouth, VT
By accessing and using this Website, you acknowledge, understand, and agree that Rarely VT Photography, LLC makes no representations, warranties, or guarantees regarding the function or condition of our Website including any features or links.
You further understand and agree that Rarely VT Photography, LLC shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of this Website.
Payments and Fees
You shall pay any and all applicable fees and taxes for purchases of services or products you make on our Website. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Rarely VT Photography, LLC authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.
If your billing information changes or your account or credit card is lost, stolen, or compromised, you must promptly inform us. If your purchase requires ongoing automatic payments and the credit card information you provided us with expires, you hereby authorize Rarely VT Photography, LLC to determine or obtain replacement expiration dates for your credit card in order to process your authorized payment.
Compliance with Applicable Laws
Our Website is based in the United States. If you access or use our Website, or view, download, or use content from our Website, you do so at your own risk. We make no claims as to whether our Website or content may be accessed, used, viewed, or downloaded outside of the United States.
Disclaimer of Warranties; Limitation of Liability
THIS WEBSITE AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS ON THIS WEBSITE, EXCEPT AS REQUIRED BY LAW. YOU USE THIS WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RARELY VT PHOTOGRAPHY, LLC DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. RARELY VT PHOTOGRAPHY, LLC DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.
FURTHERMORE, RARELY VT PHOTOGRAPHY, LLC DOES NOT MANY ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THIS WEBSITE.
IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEDY AND THE MAXIMUM LIABILITY OF RARELY VT PHOTOGRAPHY, LLC, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO YOUR CLAIM.
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS RARELY VT PHOTOGRAPHY, LLC FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THIS WEBSITE OR OUR CONTENT.
The terms of this Agreement will be governed by the laws of the State of Vermont. The state and federal courts located in State of Vermont will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, use of this Site, or any products or services provided by Rarely VT Photography, LLC or disputes arising out of or relating to your use of this Website. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of Vermont for purposes of any claim or action arising out of or relating to these Terms.
By accessing or using this Website, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with your use of this Website or use of services provided by or products purchased from Rarely VT Photography, LLC and waive any defense of forum non conveniens. Through your access and use of this Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of this Website, or any services provided by or products purchased from Rarely VT Photography, LLC.
If a dispute arises from or relating to this Agreement, our Content, or Website, and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in Vermont. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees. If mediation does not resolve a controversy or claim arising out of or related to this Agreement, the Parties further agree that any unresolved controversy or claim arising out of or related to this Agreement will be settled by arbitration administered by the American Arbitration Association and the judgment on the arbitration award may be entered in any court having jurisdiction over the matter.
Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.
The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.
If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.
This Agreement supersedes any prior agreement, communication, or representations between you and Rarely VT Photography, LLC and constitute a complete and final agreement regarding your use of this Website.