Terms of Service

Effective Date: November 25, 2024

Welcome to the website for Echavez Photos (“Company," "we," "our," or "us"). By accessing or using our website (the "Site"), you agree to these Terms of Service. If you do not agree, please refrain from using the Site.

1. Use of the Site. The Site provides information about our photography services and includes a contact form for inquiries. You must be at least 18 years old or have parental/guardian consent to use this Site.
2. Contact Form and Information Collection. The Site includes a contact form that collects basic contact information such as your name and email address as well as details about your project. This information is used solely for responding to your inquiries. By submitting the contact form, you consent to our collection and use of your information as outlined in our Privacy Policy.
3. Email Subscriptions. The Site provides an option to subscribe to email updates by entering your email address and consenting to receive such communications. You can unsubscribe at any time by following the instructions provided in the emails. We will not share your email address with third parties without your consent, except as required by law or as outlined in our Privacy Policy.
4. Booking and Payments. The Site includes a feature that allows clients to book photoshoots and make payments in advance. By using this feature, you agree to the following terms:
   • • Booking Confirmation: Your booking is not considered final until confirmed by us. We reserve the right to refuse or cancel any booking for any reason.
   • • Payment Requirements: Full payment is required at the time of booking to secure your session.
   • • Cancellation by You: If you need to cancel your booking, please notify us as soon as possible. Refunds will only be provided if cancellations are made at least three (3) business days in advance.
   • • Cancellation by Us: We reserve the right to cancel a booking at our sole discretion. In such cases, we will issue a full refund of any amounts paid. Reasons for cancellation may include, but are not limited to, scheduling conflicts, unforeseen circumstances, or concerns regarding the feasibility of the project.
   By completing a booking and payment through the Site, you agree to these terms and any additional policies referenced on the booking page.
5. Links to Social Media and Third-Party Websites. Our Site contains links to social media profiles and other external websites. We are not responsible for the content or practices of these third-party sites. Your use of any third-party websites is at your own risk and subject to their terms of service and privacy policies.
6. Intellectual Property. All content on the Site, including images, logos, text, and design, is the intellectual property of Echavez Photos unless otherwise noted. Unauthorized use is prohibited. You may not use, reproduce, or distribute our content without express written permission.
7. Content on the Website. Unless otherwise noted, all content on our website is owned or provided by us or our licensors. We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable. If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.
8. No Binding Agreement or Guarantee of Services. Information provided on the Site, including descriptions of photography packages, pricing, and other details, is for informational purposes only and does not constitute a binding agreement or contract. Any agreement for services, including but not limited to pricing, scope of work, and terms, must be explicitly agreed upon in writing by you and Echavez Photos prior to the commencement of any work. We reserve the right to modify or withdraw information, including packages or pricing, at any time without notice.
9. Prohibited Activities. When using the Site, you agree not to: a. Engage in any unauthorized data collection, including scraping or harvesting personal information. b. Attempt to interfere with the functionality or security of the Site. – c. Use the Site for illegal or unauthorized purposes.
10. 10. Disclaimer of Warranties. The Site is provided on an "as-is" and "as-available" basis. We make no warranties, expressed or implied, regarding the Site's operation or the information provided. We disclaim any liability for errors, interruptions, or inaccuracies on the Site.
11. Limitation of Liability. To the fullest extent permitted by law, Echavez Photos and its officers, employees, agents, affiliates, and partners will not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of data, revenue, or profits, arising from:
    • a. Your use of the Site or its content.
    • b. Errors, omissions, or inaccuracies on the Site.
    • c. Technical issues, such as downtime or performance failures.
    • d. Third-party links or services, including payment processors.
    In no event shall our total liability exceed the amount paid by you (if any) for accessing or using the Site.
12. Indemnification. You agree to indemnify and hold harmless Echavez Photos, its owners, officers, affiliates, and employees from any claims or damages arising from your use of the Site or violation of these Terms.
13. Modifications. We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to the Site. Continued use of the Site after such changes constitutes acceptance.
14. Governing Law and Venue. These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Suffolk County, New York.
15. 15. Contact Information. If you have questions or concerns about these Terms, please contact us at:

    Echavez Photos

    • Email: photography@echavezphotos.com
    • Phone: 516-710-6528
16. 16. Privacy Policy. For details on how we handle personal information, please see our Privacy Policy.
    
    
    

    By using this Site, you acknowledge that you have read, understood, and agree to these Terms of Service.