Alimond Studio Elite Policy Terms


Thanks for using Alimond Studio.

Please read these Terms carefully. By using Alimond Studio Elite account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Alimond Studio’s Elite Program (“Alimond Studio’s Elite Program” or the “Service”) is a photography service offered through the URL www.alimondstudio.com (we’ll refer to it as the “Website”) that allows you to receive monthly photography.  Alimond Studio Elite account is owned and operated by Alimond Photography, LLC a Virginia limited liability corporation. Alimond Studio has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms define the terms and conditions under which you’re allowed to use Alimond Studio Elite Account, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility

In order to use Alimond Studio Elite Program, you must:

1.    be at least eighteen (18) years old and able to enter into contracts;

2.    complete the registration process;

3.    agree to the Terms; and

4.    provide true, complete, and up to date contact information.

By using Alimond Studio Elite Program, you represent and warrant that you meet all the requirements listed above, and that you won’t use Alimond Studio Elite Program in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Alimond Studio may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Alimond Studio Elite Program and continues for a full 12 months of service, which will than go month to month afterwards. Clicking the button to sign up means that you’ve officially “signed” the Terms. If you sign up for Alimond Studio Elite Program on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Alimond Studio may terminate this Agreement after 12 months. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we will cancel the remainder of your yearly contract. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the photos associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us.  We may change the Website, the Service, or any features of the Service at any time.

PAYMENT

5. Monthly Plans

Our charges for monthly plans are agreed upon when you sign up on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).

6. Credit Cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

7. Refunds

You won’t be entitled to a refund from us under any circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

8. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

9. Proprietary / Image Copyrights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Alimond Studio Photography (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may use your photos as commercially licensed images.

10. Privacy Policy

We may use and disclose your information according to our Privacy Policy.

LIABILITY

11. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Photos and the Services, including any downloads from the Photo Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

12. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Alimond Studio for a variety of reasons, we can’t guarantee that it will meet your specific needs.

13. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

14. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

15. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

16. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

FINE PRINT

Published and Unpublished rights are reserved under the copyright laws of the United States. Owner of rights is Alimond Photography, LLC, 18 Royal Street SE Suite 300, Leesburg, VA 20175.

17. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

18. Choice of Law

The State of Virginia's laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Loudoun County, VA, and each party will be subject to the jurisdiction of those courts.

19. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

20. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

21. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

22. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

23. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

24. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

25. Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Alimond Studio Elite Program policies.