Terms of Use
Last updated: November 10, 2019
OVERVIEW
This website is operated by A Pot Farmer’s Daughter. Throughout the site, the terms “we”, “us”, “our”, and “photographer” refer to A Pot Farmer’s Daughter. The term “Site” refers to www.apotfarmersdaughter.com. The terms “user, “you”, and “your” refers to site visitors, clients, customers, and any other user of the site. “Image(s)” means all visual representations furnished by A Pot Farmer’s Daughter and/or Kristen Angelo, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
Apotfarmersdaughter.com provides this website, including all information, resources, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing a service or product from the Site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all site visitors, clients, customers, and all other users of our Site including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
USE OF THE SITE AND SERVICE
To access or use this Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
LAWFUL PURPOSES
You may use our Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PAYMENT
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through our Site. Payment for products and/or services will be in United States Dollars (USD) via Credit Card (Stripe), Paypal, or Internet Bank Transfer.
INTELLECTUAL PROPERTY
Our Site and its original content, text, photographs, and other assets are and will remain the exclusive property of A Pot Farmer’s Daughter. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of A Pot Farmer’s Daughter.
RIGHTS
All images and rights relating to them, including copyright and ownership rights in the media in which the images are stored, remain the sole and exclusive property of A Pot Farmer’s Daughter and/or Kristen Angelo. Where A Pot Farmer’s Daughter creates any image, photograph, product, deliverable and/or digital asset, the intellectual property rights for that product remain the exclusive property of A Pot Farmer’s Daughter unless express permission is granted in writing that the rights should pass to the client. All work completed by A Pot Farmer’s Daughter is subject to copyright and terms and conditions of trade. Reproduction or issue to third parties in any form is not permitted without permission from A Pot Farmer’s Daughter.
PRELIMINARY WORKS & DELIVERABLES
A Pot Farmer’s Daughter shall retains all rights in and to all preliminary works and deliverables. All digital files, images, photographs, work product, and deliverables are and shall remain the exclusive property of A Pot Farmer’s Daughter. A Pot Farmer’s Daughter may grant the client a nonexclusive, nontransferable license to use the deliverables solely to the extent expressed in the contract and only after final payment and/or licensing fees have been paid.
IMAGE ATTRIBUTION
All published usages of images, in print, online, or otherwise, will be accompanied by written credit to A Pot Farmer’s Daughter and/or Kristen Angelo. This will be in the form of a small line of text and will be placed near the bottom of the photograph (© 2019 Kristen Angelo. All rights reserved.) The Client understand that the photographer registers all images with the US Copyright Office and uses third-party services and software to identify photographs that are misused and/or misappropriated. By omitting photo credit, you may be violating US Copyright Law and subject to additional fees.
ALTERATIONS
Alteration of any image or deliverable is prohibited without the permission of A Pot Farmer’s Daughter. A Pot Farmer’s Daughter will be given the first opportunity to make the required alterations. Unauthorized alterations may constitute additional use, a breach of contract, and/or an infringement under US Copyright Law and may be subject to additional fees.
CONFIDENTIAL INFORMATION
All material considered confidential by either party shall be designated as confidential.
RELATIONSHIP OF THE PARTIES
A Pot Farmer’s Daughter is a free and independent contractor. No agency, partnership, joint venture, employee-employer relationship, or work-for-hire is intended or created by any proposal, agreement, or contract. Neither party is authorized to act as agent or bind the other party except as expressly stated in contract. A Pot Farmer’s Daughter and the digital files, images, photographs, work product and/or deliverables created by us shall not be deemed a work-for-hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by contract.
REFUSAL OF SERVICE
A Pot Farmer’s Daughter reserves the right to refuse service to any order, person, or entity without obligation to assign reason for doing so. A Pot Farmer’s Daughter reserves the right to limit its number of clients. A Pot Farmer’s Daughter may at any time change or discontinue any aspect or feature of the Site and/or its service.
NO WARRANTY
A Pot Farmer’s Daughter services are provided on an “as is” basis, and without any warranty or condition, express or implied.
INDEMNIFICATION AND LIABILITY
Client shall indemnify and hold harmless A Pot Farmer’s Daughter and its directors, officers, employees, partners, agents, suppliers, and affiliates from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services, products, and deliverables are sold “as is.” In all circumstances, the maximum liability of A Pot Farmer’s Daughter, its directors, officers, employees, agents, suppliers, and affiliates to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of A Pot Farmer’s Daughter. In no event shall A Pot Farmer’s Daughter be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the products, services, or deliverables provided by A Pot Farmer’s Daughter even if we has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
LINKS TO OTHER WEBSITES
Our Site may contain links to third-party web sites or services that are not owned or controlled by A Pot Farmer’s Daughter. A Pot Farmer’s Daughter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that A Pot Farmer’s Daughter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorney's’ fees and costs in any dispute resolved by binding arbitration or litigation.
LIMITATIONS OF LIABILITY
In no event shall A Pot Farmer’s Daughter, nor its directors, employees, partners, agents, officers, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless A Pot Farmer’s Daughter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. A Pot Farmer’s Daughter its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the State of Washington as applied to contracts that are executed and performed entirely in Washington. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be in Pierce County, Washington. The parties agree to without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES AND REVISIONS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
NOTICES
All notices, requests, demands, and other communication under this agreement shall be in writing and properly addressed as follows: A Pot Farmer’s Daughter, PO Box 7344, Tacoma, WA 98407.