Terms and Conditions for Website Use

Effective Date: August 22, 2024

1. Acceptance of Terms

By accessing or using the Tracy Figg Photography website (the “Site”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Site.

2. Changes to Terms

Tracy Figg Photography reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site constitutes your acceptance of the modified Terms.

3. User Eligibility

You must be at least 18 years of age to use this Site. By using the Site, you represent and warrant that you are at least 18 years old and possess the legal authority to enter into these Terms.

4. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, and software, is the property of Tracy Figg Photography or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise exploit any content on this Site without the prior written consent of Tracy Figg Photography.

5. User Responsibilities

You agree to use the Site for lawful purposes only. You are prohibited from using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. You may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site.

6. User Account

To access certain features of the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Tracy Figg Photography immediately of any unauthorized use of your account or any other breach of security.

7. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which can be found on the Site. By using the Site, you consent to the collection and use of your information as outlined in the Privacy Policy.

8. Links to Third-Party Websites

The Site may contain links to third-party websites that are not owned or controlled by Tracy Figg Photography. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.

9. Limitation of Liability

To the fullest extent permitted by law, Tracy Figg Photography shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the Site, including but not limited to loss of profits, data, or other intangibles, even if Tracy Figg Photography has been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Tracy Figg Photography and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your user contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Ontario for the resolution of any disputes.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

13. Entire Agreement

These Terms constitute the entire agreement between you and Tracy Figg Photography regarding your use of the Site, superseding any prior agreements between you and Tracy Figg Photography regarding your use of the Site.

14. Contact Information

For any questions regarding these Terms, please contact us at contact@tracyfigg.com

By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.