Terms & Conditions
NOTE: ALL RIGHTS TO PHOTOGRAPHIC IMAGES ON THIS WEBSITE ARE RESERVED. PLEASE CONTACT SOULNAKED BOUDOIR FOR PERMISSION PRIOR TO ANY USE WHATSOEVER. NO RIGHT TO COPY OR USE THE IMAGES IS GRANTED OR IMPLIED.
OWNERSHIP; RESTRICTIONS. This Website is owned and operated by Soulnaked Boudoir. All Content, is owned by Soulnaked Boudoir and/or certain third party content providers. All elements of this Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and all other laws protecting intellectual property rights including contract law pursuant to this agreement. No Content or portion thereof may be copied, reproduced, republished, uploaded, scanned, posted, transmitted, or distributed in any way, without Soulnaked Boudoir's prior written permission, except that you may view the Content on any single computer monitor for review purposes only, provided you keep intact, without change all images and copyright, trademark and other proprietary notices.
Modification of the Content or use of the Content for any other purpose is a violation of Soulnaked Boudoir's copyright, trademark, and/or other proprietary rights. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, or the Content or their selection and arrangement. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.
COOKIES. When you visit this Website, Soulnaked Boudoir reserves the right to place a text file called a "cookie" in the browser directory of your computer's hard drive.
INFORMATION SUBMITTED BY YOU DIRECTLY OR AS A RESULT OF YOUR USE. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Soulnaked Boudoir or others or as otherwise described in our Privacy Statement. YOU FURTHER ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO SOULNAKED BOUDOIR BY YOU BY ANY MEANS WHATSOEVER MAY BE USED BY SOULNAKED BOUDOIR FOR (AMONG OTHER THINGS) THE PURPOSE OF MONITORING, POLICING AND PROSECUTING CLAIMS FOR ANY SUSPECTED OR ACTUAL VIOLATION OF SOULNAKED BOUDOIR'S COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY KIND. SOULNAKED BOUDOIR MAY SHARE THIS INFORMATION WITH LEGAL COUNSEL, INVESTIGATORS, OTHER AGENTS, OR THIRD PARTIES.
DISCLAIMERS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND SOULNAKED BOUDOIR AND ITS ASSIGNS AND DESIGNEES EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOULNAKED BOUDOIR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN THIS WEBSITE WILL BE UNINTERPRETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOULNAKED BOUDOIR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SOULNAKED BOUDOIR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY OR MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
LIMITATION OF LIABILITY. Under no circumstances, including, but not limited to negligence, shall Soulnaked Boudoir be liable for any special or consequential damages that result from the use of, or the inability to use, the Content in this Website, or the Website, even if Soulnaked Boudoir or Soulnaked Boudoir’s authorized representative have been advised of the possibility of such damages. Applicable law may or may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Soulnaked Boudoir’s total liability to you for all damages, losses, liabilities of any kind, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Website.
GOVERNING LAW AND JURISDICTION. This Website (excluding linked sites) is controlled by Soulnaked Boudoir from its offices within the state of California, United States of America. By accessing this Website, you and Soulnaked Boudoir agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Soulnaked Boudoir also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of California with respect to such matters.
This privacy statement discloses the privacy practices for the website of Soulnaked Boudoir (“Soulnaked Boudoir Website”). This privacy statement applies solely to Personal Information collected at the Soulnaked Boudoir Website. By using the Soulnaked Boudoir Website, you expressly consent to the information handling practices described in this Privacy Statement. Among other things, this Privacy Statement notifies you of the following:
1. What Personal Information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
“Personal Information,” as used in this Privacy Statement, is information that allows a person to directly identify an individual, such as name or email address, and information that we combine directly with such identifying information.
NOTICE: INFORMATION COLLECTION, USE, AND SHARING
Soulnaked Boudoir is the sole owner of the Personal Information collected on the Soulnaked Boudoir Website. However, we may offer the opportunity to permit you to interact with certain third party sites (“Third Party Sites”).
Those third party sites may also collect certain Personal Information from you. Some of the Personal Information collected on such Third Party Sites will be owned by the third party sites. You should consult the privacy policies of whatever third party Third Party Sites you sign up for to understand how and whether they protect your Personal Information and what choices you may have regarding the information they collect.
Soulnaked Boudoir Photography, for itself, collects Personal Information from you on forms or email that you voluntarily submit to us and also collects Personal Information based on your usage of the Soulnaked Boudoir Website. This information is collected in order to enable us to better identify and serve our community of users and to respond better to their needs. We may use Personal Information collected on the Soulnaked Boudoir Website and information that may be provided to us by Third Party Third Party Sites to improve our services, to help us plan activities better and to better serve you and the other constituents of Soulnaked Boudoir.
In addition, Soulnaked Boudoir also collects and stores certain information in order to answer your email and to measure your interest in the various sections of the Soulnaked Boudoir Website. We will not sell or rent this information to anyone. Because you may voluntarily disclose Personal Information when you post or otherwise transmit content, please be careful with the information you choose to disclose.
We will use information that you provide to us to respond to you, regarding the reason you contacted us, and to provide you with information about Soulnaked Boudoir, Michelle’s work and other activities. We will not intentionally share your information with any unaffiliated third party outside of our organization, other than as necessary to fulfill your request, e.g. to respond to your emails or questions. We use third parties to maintain and store your information and to process any payment you make to us.
Generally, these third parties are required not to use your information other than to provide the services requested by Soulnaked Boudoir. At some point in the future, we may share your information with affiliated organizations in order to provide better service to you. We may also receive information from or about you from other sources like telephone. We may add this information to the information we have already collected from you via our website in order to serve you better.
We may passively collect information regarding your use of Soulnaked Boudoir Website by automated methods. The information that we collect with these automated methods may include, for example, your IP address, cookie information, browser type, system type, the content and pages that you access on our website, and the “referring URL” (i.e., the page from which you navigated to the our website). We use this information statistically to serve you and our other visitors better. Our site does serve cookies. A cookie is a small file that is created to help visitors navigate about the site, and for use to track the traffic to and on our site.
Certain third party Third Party Sites may also collect similar data. Please consult their privacy policies regarding their use of your information. Certain of these services collect data from you as part of the registration process, through your volunteering information when you interact with their services and by combining data with other information you have provided to such services at other times. These sites have privacy policies which are in addition to this privacy statement.
Certain of these third party Third Party Sites permit you to adjust your user settings to permit certain choices by you about your Personal Information. These choices may be limited by the third party provider and the third party provider will typically not guarantee that once your information has been disclosed to them or posted to their website it can be removed from all locations where it may be stored. PLEASE USE THIRD PARTY SERVICES CAREFULLY. In addition, please be aware that third parties, including advertising servers, advertising networks, may set cookies or use other means of passively collecting information about your use of their services. We do not have access to, or control over, these cookies or other means of passive data collection. You should consult the respective privacy policies of these, advertising servers or advertising networks and Third Party Third Party Sites. This Privacy Statement does not apply to, and we cannot control the activities of, such other advertisers or websites or Third Party Third Party Sites.
If our organization or our assets are acquired by another organization, that organization will possess the information collected by us and we will endeavor to have it assume the rights and obligations regarding your information as described in this Privacy Statement.
We may disclose your information if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of Soulnaked Boudoir or users of our website; (c) take precautions against liability; (d) protect the rights, property, or safety, any individual, or the general public; (e) maintain and protect the security and integrity of our services or infrastructure; (f) protect ourselves and our services from fraudulent, abusive, or unlawful uses; (g) investigate and defend ourselves against third-party claims or allegations; or (h) assist government enforcement agencies.
Unless you ask us not to, we may contact you via email in the future to tell you about upcoming events, opportunities we think may interest you, new activities or changes to this Website or Privacy Statement.
YOUR ACCESS TO AND CONTROL OVER INFORMATION
You may opt out of any future contacts from us by e-mail at any time by following the “opt out” or “unsubscribe” link at the bottom of our emails to you.
We have secured Personal Information only to the extent of the security systems provided by our third party hosting service. We have required that our third party hosting service use reasonable security measures to protect against the loss, misuse, and alteration of Personal Information. We take certain precautions to protect the information of registered users. Wherever we collect information that we deem is sensitive (such as account information and credit card information), we will deploy a secure sockets link (SSL) or other encryption technologies to transmit that data from a user’s computer to the servers of our third party hosting service providers’ servers in a more secure way. You can verify whether we are using SSL or other data security by looking for a closed lock icon on your web browser, or looking for “https” at the beginning of the address of the web page. We may not use SSL or other encryption to collect your name, address, phone number or email address for routine information requests about our activities. Although we make good faith efforts to maintain the security of such Personal Information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration.
Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information. We do not assume any liability to third parties for your use of our website or for information about others you include in your profile or contacts. Please keep your password and login credentials secure.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Soulnaked Boudoir Website or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our website. If a security systems breach occurs, Soulnaked Boudoir may post a notice on our homepage or elsewhere on our website and may send email to you at the email address you have provided to us.
You may, at any time, update, correct, or delete certain categories of Personal Information that you have provided to the Soulnaked Boudoir Website by written request to us.
Even if you request that we update or remove Personal Information that you have provided to us, your Personal Information may be retained in our backup files and archives for a reasonable period of time for legal purposes.
LINKS TO OTHER SITES
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of this Privacy Statement do not apply to these outside websites. Any Personal Information you provide on third-party sites or services is provided directly to that third party and is subject to that third party's policies governing privacy and security. We encourage you to learn about third parties' privacy and security policies before providing them with Personal Information.
CONDITIONS OF USE
If you choose to visit Soulnaked Boudoir’s website, your visit and any dispute over privacy is subject to this Privacy Statement, as governed by the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. The exclusive forum for any disputes arising out of or relating to this Agreement shall be the appropriate federal or state courts in Los Angeles County, State of California, USA.
The Soulnaked Boudoir Website is hosted in the United States. If you use the Soulnaked Boudoir Website from the European Union, or any other region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the European Union and other regions. By providing Personal Information under this Privacy Statement you consent to the use of Personal Information in accordance with this Privacy Statement and the transfer of your Personal Information to the United States.
CHANGES AND UPDATES TO THIS PRIVACY STATEMENT
We may occasionally update this Privacy Statement. If we do, we will update the “effective date” at the bottom of the Privacy Statement. We encourage you to periodically review this Privacy Statement to stay informed about our collection, use, and disclosure of Personal Information. Your continued use of the Soulnaked Boudoir Website constitutes your agreement to this Privacy Statement and any updates.