Terms & Conditions
terms + conditions
The “Privacy Policy" and "Terms of Use" may change at any time. Any updates will be noted below.
PrivacY policy
This privacy policy discloses the privacy practices for heatherbroomhallphotography.com, headshotsesh.com, heatherbroomhall.com, and etsy.com/heatherbroomhall. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
Other than information that Squarespace or Square collects, we are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other forms of direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill and manage your request, to ship an order, hiring a second photographer, subcontractor, or affiliate.
Data Retention
I retain your personal information only for as long as necessary to provide you with my services, future services, and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 10 years.
Your Access to and Control Over Information
You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address on our website or by clicking on unsubscribe in the marketing email:
See what data we may have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline through the Security provided by Squarespace, Pixifi, GOOGLE, FACEBOOK PIXEL, Paypal, Square, and/or etsy.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way if your browser indicates “HTTPS” and a lock symbol.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees AND/OR CONTRACTORS who need the information to perform a specific job (for example, client services, social media manager) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 858-480-5135 or via email at Heather@headshotsesh.com.
Registration
In order to book a session on this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.
Orders
We request information from you on our order form. To buy from us, you may need to provide contact information (for example, name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders.
Contests
From time-to-time our site requests information via contests. Participation in these contests are completely voluntary and you may choose whether or not to participate and therefore disclose personal information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes.
Terms & conditions
Introduction.
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you’re a minor.
Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Heather Broomhall Photography LLC owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
Restrictions.
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media
selling, sub-licensing and/or otherwise commercializing any Website material
publicly performing and/or showing any Website material
using this Website in any way that is, or may be, damaging to this Website or brand
using this Website in any way that impacts user access to this Website
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Heather Broomhall Photography LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
Your Content (sponsored content)
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Headshotsesh.com, heatherbroomhallphotography.com, and heatherbroomhall.com, a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Heather Broomhall Photography LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
No warranties.
This Website is provided “as is,”and Heather Broomhall Photography LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability.
In no event shall Heather Broomhall Photography LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Heather Broomhall Photography LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification.
You hereby indemnify to the fullest extent Heather Broomhall Photography LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability.
If any provision of these Terms are found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms.
Heather Broomhall Photography LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment.
Heather Broomhall Photography LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Heather Broomhall Photography LLC and you in relation to your use of this Website.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
UPDATE: 4/10/19
Business name replaced website name. Governing Law & Jurisdiction changed to the State of California.
Update: 9/17/19
Secure servers expanded to include pixifi and Facebook pixel.
update: 10/15/20
added sponsored content notice
update: 7/12/21
added data retention clause