Boulder Creek LLC
[DBA Boulder Creek Photography]
Privacy Policy, Terms and Conditions, and Disclaimers
Last updated: 01/1/2024
This Privacy Policy describes how Boulder Creek LLC (“we” or “us”) collects, uses, and shares your personal information when you use our website https://www.bouldercreekphotography.com/ (the “Site”).
Topics:
• Personal information we collect
• How we use your personal information
• How we share your personal information
• International Users
• Data Retention: How we store your data
• Email marketing
• Behavioral advertising and opting out
• Your data protection rights
• Consent
• Children's Privacy
• Third party websites
• Changes to the Policy
• Complaints
• Contact Us
Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”.
We collect Device Information using the following technologies:
• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
We use Device Information for:
• Functionality: To recognize you on our website and recognize your previously selected preferences, including your preferred language and your location.
• Advertising: To collect information about your visit, the content you viewed, the links you followed, and information about your web browser, device, and IP address. We sometimes share limited aspects of this data with third parties for advertising purposes.
You can set your browser not to accept cookies, and the website above tells you how to remove cookies from your browser. Some of our website features may not function if you disable cookies. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
We also collect data you provide to us directly. We refer to the data you provide as “Provided Information.” We collect and process data you provide when you:
• Register online or place an order for any of our products or services
• Voluntarily complete a customer survey or provide feedback on any of our message boards or via email
• Instant message via Facebook messenger icon
• Voluntarily complete forms requesting information or a contact request
The Provided Information we collect may include:
• Personal identification information (name, email address, phone number, etc.)
• Billing information (billing address, shipping address, payment information, including credit card numbers, etc.)
• Contact information (name, address, email address, phone number, etc.)
• Personal information (wedding date information, wedding detail information, etc.)
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Provided Information.
How we use your Personal Information
We use the Provided Information that we collect generally to conduct conversation and render services, fulfill any orders placed through the Site (including processing your payment information, delivering products, and providing you with invoices and/or order confirmations). Additionally, we use Provided Information to:
• Communicate with you;
• Screen our orders for potential risk or fraud; and
• When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
How we share your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our visitors use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
The types of third parties with whom we might share elements of your Personal Information include:
• Payment processors engaged by us to securely store and handle payments information, such as credit or debit card information
• Providers of email management and distribution tools
• Providers of security and fraud prevention tools and services,
• Providers of data aggregation and analytics software services that allow us to effectively monitor and optimize our site
We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
International Users
Our website can be accessed by users around the world and personal information may be stored on servers located in countries outside of your resident jurisdiction. In such cases, the laws governing data collection and processing may differ from the laws in your country. By using our services, you acknowledge that your personal data may be transferred to our facilities and to those third parties with whom we share it as described in this policy. For users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR) and have implemented appropriate safeguards to ensure the transfer of your personal data to non-EEA countries is carried out in compliance with applicable privacy laws. If you are a resident of a country other than the United States, you understand and consent to having any personal information you provide transferred to, processed, and stored in the United States and other countries where data protection and other privacy laws may not offer the same level of protection as in your jurisdiction.
Data Retention: How we store your data
We securely store your data at the Boulder Creek LLC office on a secure hard drive.
Security Measures
We use commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of information stored on our servers. Of course, no computer network or data transmission on the internet can be guaranteed to be 100% secure and so you submit your information at your own risk.
We will maintain your Personal Information for our records unless and until you ask us to delete this information.
Email Marketing
If you make a purchase on this Site and/or opt in to receive emails, you agree to receive email communications from this site, including but not limited to newsletters, site updates, promotions, and other announcements and correspondence. We are not responsible for the receipt of any such emails. You are responsible for ensuring that our email address(es) are not blocked or forwarded to your spam folder.
You have the right at any time to stop us from contacting you for marketing purposes. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Site, including promotions.
Behavioral Advertising and Opting Out
As part of our commitment to transparency, we want to clarify our use of your Personal Information for targeted advertisements or marketing communications. Targeted advertising, also known as behavioral advertising, involves using information collected on an individual's web browsing behavior such as the pages they have visited or the searches they have made to select which advertisements are displayed to that individual. We believe these personalized ads may be of interest to you. However, we understand if you prefer not to receive these types of advertisements.
For more comprehensive understanding about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
To respect your choice, we provide options for you to opt out of receiving targeted advertising from us on various platforms:
• Facebook: https://www.facebook.com/settings/?tab=ads
• Google: https://www.google.com/settings/ads/anonymous
• Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Furthermore, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. Please note that opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
Your Data Protection Rights
We respect your privacy rights and provide you with reasonable access to the Personal Information that you may have provided through your use of our services. If you are a resident of certain territories, including the European Economic Area and California, you have certain data protection rights. These rights vary, but they may include the right to: (i) request access to and rectification or erasure of your personal information; (ii) restrict or object to processing of your personal information; and (iii) request portability of your personal information. If you wish to exercise any of these rights, please contact us through the contact information below.
For European residents, we note that we are processing your information to fulfill contracts we might have with you or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States.
If you are a resident of California, you have certain rights under the California Consumer Privacy Act (CCPA). This includes the right to request disclosure of the categories and specific pieces of personal information we have collected, deletion of your personal information, and to not be discriminated against for exercising these rights. If you wish to exercise any of these rights under CCPA, please contact us through the contact information below.
Please note that we may ask you to verify your identity before responding to such requests. Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). If you are dissatisfied with the manner in which we are processing your personal data, you have the right to complain to a supervisory authority.
Consent
By using our website and providing us with your personal information, you are giving your explicit consent for us to collect, use, and share your information in accordance with this privacy policy. We will always inform you about why we need your personal data and how we will use it before you begin using our services. If we need your personal data for marketing or third-party interactions, we will ask for your explicit consent during the data collection process. You have the right to withdraw your consent at any time. If you wish to do so, please contact us using the information provided in the 'Contact Us' section of this policy. Upon receipt of a withdrawal request, we will confirm receipt and proceed with your request as mandated by law. Please note that your withdrawal of consent does not affect the lawfulness of any processing activities conducted prior to your withdrawal.
Children's Privacy
We are committed to protecting the privacy of children who use our website and services. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13, please do not provide us with any personal information. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child's account. Parents who believe that their child has provided us with personal information can contact us for the purpose of deleting this information.
Third-Party Websites
Our privacy policy applies only to our website. Please be aware that we may have links on our site that can take you to other websites, which may include third-party websites not affiliated with us. This could include, but is not limited to, social media platforms, payment processors, and external content providers. We are not responsible for the data collection, privacy practices, or policies of these third-party sites. These third-party sites have separate and independent privacy policies, which we recommend you read if you visit any such websites. We therefore have no responsibility or liability for the content and activities of these linked sites. Nevertheless, we seek to protect the integrity of our site and welcome any feedback about these third-party sites.
Changes to the Policy
We reserve the right to update or change our Privacy Policy at any time. Any changes made to the policy will be reflected here on this page with an updated revision date. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. In case of any significant changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. Your continued use of the Service after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to any of these changes, you should cease using our services and deactivate your account with us.
Complaints
We value your feedback and are committed to resolving any concerns you may have about the way we handle your Personal Information. If you have any complaints or concerns about our data use practices, please do not hesitate to contact us. Upon receiving your complaint, we aim to resolve these issues promptly and will endeavor to respond to all complaints within a reasonable timeframe, typically within 30 days. Please note that depending on the complexity of the issue, it may take longer. We appreciate your patience and understanding in these instances.
If you are a resident of the European Union, you also have the right to lodge a complaint with your local data protection regulator, such as the Information Commissioner’s Office in the UK. We encourage you to contact us first so we can attempt to resolve any issues directly with you.
Contact Information
For more information about our privacy practices, if you have questions, or if you would like to exercise your data protection rights, please do not hesitate to contact us.
Email us: info@bouldercreekphotography.com
Please Include the Subject as: Privacy Policy Compliance
Call us: 618-506-0044
Write to us: 871 State Highway 145 N, Simpson, IL 62985
Boulder Creek LLC
[DBA Boulder Creek Photography]
Privacy Policy
Last Updated: 01/01/2024
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Boulder Creek LLC (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website https://www.bouldercreekphotography.com/ (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy https://www.bouldercreekphotography.com/policies. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
Cookies Policy
Our website, Boulder Creek LLC ("the Website"), uses cookies to improve user experience, provide personalized content, and analyze website traffic. A cookie is a small file placed onto your device that enables Website features and functionality.
There are different types of cookies, including:
Session cookies, which are temporary and deleted once you close your browser.
Persistent cookies, which remain until you delete them or they expire.
First-party cookies, which are set by the site you are visiting.
Third-party cookies, which are set by a site other than the one you are visiting.
By using our Website, you agree to the use of cookies and similar technologies for the purposes described in this policy. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.
For more detailed information on how we use cookies, please refer to our Cookies Policy.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer https://www.bouldercreekphotography.com/disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Data Protection and Privacy Laws Compliance
The Company is committed to safeguarding the privacy of our users while providing a personalized and valuable service. We comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
If you are a resident of the European Union (EU), you have certain rights under the GDPR, including the right to access, rectify, or erase your personal data, restrict or object to its processing, and the right to data portability.
If you are a resident of California, you have certain rights under the CCPA, including the right to know what personal information is collected, the right to delete personal information held by us, the right to opt-out of the sale of personal information, and the right to non-discrimination in terms of price or service when you exercise a privacy right under CCPA.
For more detailed information on how we process your data, please refer to our Privacy Policy.
USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content you may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.
You further you grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
User-Generated Content
Our website, Boulder Creek LLC, may include features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Content") on or through the website. By posting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the above license to us. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Boulder Creek LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the website. We have the right, but not the obligation, to review, screen, delete, edit or otherwise alter User Content at our sole discretion without notice.
Accessibility Commitment
Boulder Creek LLC is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 level AA accessibility standards.
Our efforts to make this website accessible include providing features such as text alternatives for any non-text content, options for users to adjust font size and color contrast, and keyboard-friendly navigation. However, we understand that these features may not meet all users' needs.
We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility. In the meantime, should you experience any difficulty in accessing our website, please don’t hesitate to contact us at info@bouldercreekphotography.com. We welcome your questions about this accessibility statement and comments on how we can improve our website accessibility.
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy and Disclaimers.
WARRANTIES
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason.
MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
SECURITY
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.
THIRD PARTY RESOURCES
The Website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.
GOVERNING LAW; JURISDICTION; MEDIATION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of [your state], and the courts of Illinois shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in Illinois and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at info@bouldercreekphotography.com.
Termination
Boulder Creek LLC reserves the right, in its sole discretion, to terminate your access to all or part of the website, with or without notice, for any reason or no reason at all, including, without limitation, breach of these Terms and Conditions.
You agree that Boulder Creek LLC shall not be liable to you or any third-party for any termination of your access to the Website. Furthermore, you agree that the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
You may also terminate these Terms and Conditions at any time by discontinuing use of the website and destroying all materials obtained from the website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
In the event of termination, you are no longer authorized to access the website, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms and Conditions shall survive termination.
CONTACT INFORMATION
The owner of this website is Boulder Creek LLC. You may contact us below:
Email us: info@bouldercreekphotography.com
Please Include the Subject as: Terms and Conditions Compliance
Call us: 618-506-0044
Write to us: 871 State Highway 145 N, Simpson, IL 62985
BOULDER CREEK LLC
[DBA BOULDER CREEK PHOTOGRAPHY]
TERMS AND CONDITIONS
LAST UPDATED: 01/01/2024
This website is owned and operated by Boulder Creek LLC (“Company,” “we,” or “us”).
This Disclaimer, together with the Terms & Conditions of Use and Privacy Policy, governs your access to and use of https://www.bouldercreekphotography.com/ including any content, functionality, products, and services offered on or through https://www.bouldercreekphotography.com/ (the “Website”), whether as a guest or a registered user.
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer, you must not access or use the Website.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources, information, videos, blog posts, courses, downloads, and/or products available through this Website, whether free or paid, (the “Resources”) are for educational and informational purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Website.
User's Responsibility and Acknowledgement
Your use of this Website, operated by Boulder Creek LLC, is voluntary. By accessing and using this Website, you are affirming that you are at least 18 years old, have the capacity to enter into a legally binding agreement, and have read, understood, and agreed to be bound by these Terms.
The content provided on this Website is designed for educational and informational purposes related to photography. This includes, but is not limited to, tutorials, tips, techniques, product reviews, and insights into the field of photography. The information provided should not be construed as professional advice. While we strive to provide accurate and helpful information, photography is a complex and subjective field. As such, the applicability of any strategies or techniques we discuss will depend on individual circumstances.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website. You agree to exercise judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
Please note that Boulder Creek LLC is not a school or accredited institution. The educational content provided is based on our experience and knowledge in the field of photography and is intended to help you improve your photography skills and knowledge. However, your progress and success depend largely on your dedication, effort, and practice. We cannot guarantee any specific results from applying the strategies and techniques discussed on this Website.
EXTERNAL LINKS AND RESOURCES
Throughout our Website, Boulder Creek LLC may provide links to external websites, downloadable resources, affiliate products, and other third-party content (collectively referred to as "External Resources"). These links are provided for your convenience and reference only.
External websites are not under our control, and we are not responsible for their content, accuracy, or any other implications of you accessing them. The inclusion of any link does not imply our endorsement, agreement, or approval of the linked website or any association with its operators.
Downloadable resources and affiliate products are also provided for convenience and reference. While we strive to recommend quality resources and products, we are not responsible for any issues that arise from their use or download, including but not limited to technical issues, inaccuracies, or changes in their availability or pricing.
We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website, resource, or product that you access or purchase.
Please note that these External Resources are subject to their own terms and conditions, and your use of them will be governed by those terms and conditions. We disclaim any liability for any loss or damage resulting from your use of any External Resources. Your use of these External Resources is at your own risk.
NO PROFESSIONAL BUSINESS ADVICE
The information provided on this Website, including but not limited to the content, materials, and information provided by Boulder Creek LLC, is for general informational and educational purposes only. It is not intended as, and should not be considered, professional advice for running a small business, branding, or any other professional field.
Professional advice in these contexts refers to advice that is typically given by certified professionals or experts in the respective fields. For instance, business advice could consist of guidance on legal matters, financial management, strategic planning, and operational efficiency - all areas that require specific knowledge, education, or certification to advise on effectively. Similarly, branding advice would involve strategies for building and managing a brand, creating a brand identity, and other tasks typically carried out by trained marketing or branding professionals.
While we strive to provide useful information and insights based on our experiences and understanding, we are not certified professionals in business consultancy, branding or any other professional field. As such, our advice should not be relied upon for making decisions without consulting a qualified professional.
We strongly recommend that you seek professional advice from qualified consultants, professionals, or experts before implementing any business or branding strategies mentioned on our Website. You agree that your use of the information on this Website is at your own risk and Boulder Creek LLC will not be held liable for any decisions made or actions taken in reliance on any of the information provided on this Website.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website, including implementation of any suggestions set out in this Website and/or use of any of the Resources, does not create a professional-client relationship between you and the Company or any of its professionals.
You recognize and agree that we have not created any professional-client relationship by the use of this Website.
NO GUARANTEES
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
ERRORS AND OMISSIONS
This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or the Resources prior to taking any action. You expressly agree not to rely upon any information contained in this Website or in the Resources.
TESTIMONIALS AND REVIEWS
Our website showcases testimonials from clients who have engaged with our photography services. These testimonials are authentic reflections of their individual experiences and levels of satisfaction. However, it's critical to understand that these testimonials represent personal experiences, and outcomes can vary greatly based on each client's unique photography needs and preferences.
By using our website and our photography services, you accept and agree that these testimonials do not represent a guarantee or prediction of your own experience or outcome with our photography services.
In addition, our website contains reviews of various products, services, and resources, including but not limited to, books, and software applications related to photography. These reviews represent the honest opinions of the author, even if discounts or incentives have been provided in exchange for the review.
We strive to maintain transparency and honesty in our reviews, regardless of any received incentives. We encourage you to carry out your own research and not rely solely on these reviews. Any received discounts or incentives will be openly disclosed.
For more information about any such discounts or incentives, please send an email to info@bouldercreekphotography.com with the subject line containing the title of the reviewed product. We'll respond via email and disclose any incentives or discounts tied to the review.
NO WARRANTIES
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
By using our Website and our photography services, you agree to absolve Boulder Creek LLC of any liability or loss that you or any associated person or entity may suffer as a result of the use of the information provided on this Website and/or the resources it offers.
This limitation of liability covers a range of damages including, but not limited to, direct, indirect, special, incidental, equitable, or consequential loss or damages. Examples of these could be loss of business opportunities, loss of data, emotional distress, or any other loss resulting from the use of our Website or our photography services.
Please note that while we strive for accuracy, the information and services available through our Website might contain inaccuracies or typographical errors. We reserve the right to make improvements and/or changes to our Website at any time without prior notice.
We provide all information, software, products, services, resources, and related graphics "as is" to the maximum extent permitted by law, without warranty or condition of any kind. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Under no circumstances shall Boulder Creek LLC or its suppliers be liable for any damages, including but not limited to direct, indirect, punitive, incidental, special, or consequential damages, loss of use, loss of data, or loss of profits, connected with the use or performance of the Website, delay in using the Website or its services, or the failure to provide services.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Boulder Creek LLC has been advised of the possibility of such damage. If your jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, our liability will be limited to the greatest extent permitted by law.
If you are dissatisfied with any part of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.
AFFILIATE LINKS
From time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you or your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
EARNINGS DISCLAIMER
From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Company. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.
The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.
CONTACT INFORMATION
For more information about our disclaimer or if you have questions, please do not hesitate to contact us.
Email us: info@bouldercreekphotography.com
Please Include the Subject as: Disclaimer Compliance
Call us: 618-506-0044
Write to us: 871 State Highway 145 N, Simpson, IL 62985
