(2) OWNERSHIP The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “VincentStreet content”), and the words marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, “Marks”), are owned by or licensed to VincentStreet and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
(4) FRAUD VincentStreet reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud. VincentStreet may, in its discretion, require further authorization from you such as a telephone confirmation of your order and other information. VincentStreet reserves the right to cancel, any order if fraud is suspected. VincentStreet captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, VincentStreet reserves the right, but undertakes no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation.
VincentStreet reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
(5) LINKS TO OTHER WEB SITES The Site may contain links to third party Web sites or Internet resources that are not owned or controlled by VincentStreet. VincentStreet's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify VincentStreet's endorsement of such other Web site or resource or its contents. VINCENTSTREET SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND VINCENTSTREET DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEB SITES OR FEATURED IN ANY ADVERTISING.
(6) DISCLAIMER YOU EXPRESSLY AGREE THAT USE OF THE site IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” VINCENTSTREET. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, VincentStreet EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE site. without limiting the foregoing and TO THE MAXIMUM EXTENT PERMITTED by LAW, VincentStreet ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
(7) LIMITATION OF LIABILITY IN NO EVENT WILL VINCENTSTREET BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
(8) EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent VincentStreet may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of VincentStreet’s liability shall be the minimum permitted under such applicable law
(10) FORCE MAJEURE Without limiting the foregoing, under no circumstances will VincentStreet be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Below are the terms and conditions of our contracts for weddings at The VincentStreet. The term "Photographer" applies to both photographer and videographer (or both), if this were the case.
Deposit and Payment: The Client shall make a deposit of at least 50% of the total to reserve the date. The final payment of $_______ is due on or before the wedding date.
Cancellation by Client: If the Client shall cancel this Agreement and if the Photographer does not obtain another assignment for that date, the deposit will be retained by the photographer as liquidated damages. If a cancellation is made, the client must cancel a maximum of 14 days before the wedding in order not to lose their deposit for date reservation and subsequent payments of up to 90% of the total paid to the photographer, this is for all the time invested in the programming of the event and other expenses.
If an event is not obtained to cover that date that the Client leaves available nor is the cancellation of the event notified at least 14 days before the event, the payment made to the photographer will remain with him for damages due to loss of date and eventual adjustments made.
Engagement and/or Bride & Groom Sessions: If there is an included Engagement or Bridal Session, they are available to the client one time only and may only be rescheduled due to bad weather, such as rain or high wind, or if indicated by the Photographer. The session is 1 hour in duration. If the Client is late, the session time will be reduced accordingly as well as the number of agreed images taken.
Payments: Payments will be made in the way that both parties decide, it can be a direct transfer, Venmo, Zelle, Cash, etc. All balances must be paid in full before images are processed.
Copyright and Reproduction: Final image selections are the joint property of both, the Client and the Photographer, and shall be delivered to the Client in the form of a digital download. The Photographer shall only make reproductions for the client or for the use of Photographer’s portfolio, samples, self-promotions, entry in photographic contests and art exhibitions, editorial use, etc. Clients may use and reproduce their pictures, except for profit.
Clients wanting to use their wedding or engagement pictures for their own personal business, or to make a profit in any way, must contain the credits of the photographer: "by The VincentStreet" to obtain a usage license.
Album Selections: If you order a wedding album, you must make your wedding album selections within 2 months of receiving your proof images. Failure to do so may result in forfeiture of your wedding album.
Time: The photographer’s official start (and paid time) time begins at the time the client asks the photographer to arrive at the event, unless notification is given 24 hours prior to the event date.
The only way in which the contracted time of the package is distributed in another way, will be discussed between the Client and the Photographer in advance and yes and only if, the locations are relatively close to each other.
If there is any difference in the use of the photographer's time on the day of the event, or transfer to another location not previously provided, the time used will be counted as an additional service and the photographer's time will be charged at $200.- per hour.
Delivery Time: The photographer agrees to deliver the files for selection within a maximum of 3 weeks after the event has elapsed. The client must select the photos for the agreed purposes (final edition, printed photos, album photos, poster printing, etc.) within 3 weeks after receiving the link with their photo (and/or video) portfolio so that full deadlines are met.
The maximum delivery time of all the final work, that is, finished photographs, printed photographs, souvenir chest, album, poster and everything agreed between both parties, will be 60 days from the date of the event if and only if the client has collaborated with the selection of their final photographs and in what the photographer has indicated to do.
Any modification of these terms may affect the final time of delivery of the work, being the photographer free of any accusation for delay.
Photographer: Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
Failure to Perform: If the Photographer cannot perform this Agreement due to fire, natural casualty, disaster, strike, act of God, or other causes beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client, but shall incur no further liability with respect to this Agreement. This limitation of liability shall also apply should the photographic materials be damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of the Photographer.
Substitute/Replacement Photographer: Photographer may substitute another replacement photographer in the event of Photographer’s serious illness. In the event of such substitutions, Photographer warrants that the substitute/replacement photographer taking the photographs shall be a competent professional.
Miscellaneous: This Agreement incorporates the full understanding and agreement of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any wavier of a breach or default hereunder shall not be deemed a wavier of a subsequent breach or default of either the same provision or any other provision in this Agreement. This Agreement shall be governed by the laws of the State of Utah.
The client has read this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by the client.