Terms & Conditions

Welcome to our website. Please read the terms and conditions of use carefully before using this site. By using this site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to Tess Photography’s website (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Acceptable use. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express signed written consent.

3. Restricted access. Access to specific areas of our website is restricted. We reserve the right to restrict access to any and all areas of our website at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other specific content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation. We reserve the right to terminate your access to the website if we believe you are using the website for an unlawful purpose. We also reserve the right to terminate your access to the website if we believe you are using the website in violation of this Agreement or hurt our business in any way.

4. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the website is strictly prohibited, without our express prior signed written permission. You do not acquire any ownership rights to any content document or other materials viewed throughout the website. The posting of information or other materials on the website does not constitute a waiver of any right in such information or materials.

5. Slogan. Tess Photography and any other product or service name or slogan contained in the Site are property of Tess Photography Incorporated and may not be copied, imitated or used, in whole or in part, without the prior signed written consent of Tess Photography Incorporated. You may not use metatags or any other "hidden text" utilizing "Tess Photography" or any other name, product or service name of Tess Photography Incorporated without our prior signed written consent. Additionally, the look and feel of the Site, including button icons, scripts, all page headers, custom graphics is the service mark, slogan and/or trade dress of Tess Photography Incorporated and may not be copied, imitated or used, in whole or in part, without our prior signed written consent.

6. Indemnification. You agree to indemnify, defend and hold Tess Photography Incorporated and its officers, partners, and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

7. Disclaimer. The content, services from or listed through the site are provided "as-is", "as available", and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to this Site and any website with which it is linked. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, incidental or consequential damages (including damages for loss of business, loss of profits, loss of money, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you the user. This Site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this agreement. The information and all other materials on the Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on this Site or any website with which it is linked. Every effort is made to keep the website up and running smoothly. However, Tess Photography Incorporated takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

8. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.

9. Breaches of these terms and conditions. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

10. Privacy Policy:

What information do we collect? We collect information from you when you register on our site, place an order, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information.

What do we use your information for? Any of the information we collect from you may be used in one of the following ways:

a. To improve our website (We continually strive to improve our website offerings based on the information and feedback we receive from you)

b. To improve customer service (Your information helps us to more effectively respond to your customer service requests and support needs)

c. To process transactions

d. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

e. To administer a contest, promotion, survey or other site feature

f. To send periodic emails

The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

Note: If at any time you would like to unsubscribe from receiving future emails, email us at info@tessphoto.com

11. What can happen to the photos taken during a photo shoot? You relinquish and give to the Released Parties all right, title, and interest that you may have in the Photograph(s), finished pictures, negatives, reproductions, and copies of the original prints and negatives. You may be included in the Photograph(s) in whole or in part, in composite or distorted form, or in reproductions thereof, in color or otherwise, with or without my name, made and published through any medium including, but not limited to, any printed medium, video, and/or on the Internet. This consent authorizes both any initial and any subsequent publication or disclosure of the Photograph(s), with or without my identity, at any time. You waive any right that you may have to inspect or approve the finished product or the advertising or other copy that may be used in connection therewith or the use to which it may be applied. You release and discharge all Released Parties, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing toward the completion of the finished product.

12. How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards) will not be stored on our servers.

13. Do we use cookies? Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

14. Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

15. Third party links. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.

16. Children’s Online Privacy Protection Act Compliance. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

17. Governing Law. Tess Photography Incorporated's website www.tessphoto.com is published in the United States and is governed by Wisconsin law. If you are located outside of the United States and submit your personal information on the website, you are consenting that the information can be used as stated in this agreement and to the transfer and/or storage of that information to the United States. The laws of Wisconsin will govern the terms and conditions contained in this Agreement and elsewhere throughout the website, without giving effect to any principles of conflicts of laws. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the Site or any offers or services obtained by you through such use, shall be litigated in the courts of Wisconsin. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Wisconsin or the central district of Wisconsin is an inconvenient forum or an improper forum based on lack of venue.

18. Severability. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Online Privacy Policy Only. This online privacy policy applies only to information collected through our website and not to information collected offline.

20. Entire agreement. These terms and conditions and privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

21. Your Consent. By using our site, you consent to our website’s terms & conditions and privacy policy.

22. Changes to this Agreement. If we decide to change our agreement, we will update the Agreement modification date below.

This policy was last modified on 6/1/2013.

23. Contacting Us. If there are any questions regarding this privacy policy you may contact us using the information below.


© 2015 Tess Photography Incorporated. All rights reserved. Terms and Conditions of Use.