info@burgaardphotography.com
714-342-4156

Terms and Conditions of Use

Ownership of Website; Acceptance of Terms and Conditions of Use

Welcome to the Burgaard Photography website and thank you for reviewing the Terms and Conditions of Use (the “Terms of Use”). Burgaard, Inc. (“Burgaard”) makes this Website, including all information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by Burgaard (collectively, the “Content”) available for your use subject to the Terms of Use set forth below. The Terms of Use spell out what you can expect from Burgaard and what Burgaard can expect from you.

These Terms of Use apply to the website burgaardphotography.com and all subdomains (collectively, the “Website”). The Website is the property of Burgaard. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Burgaard reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms and Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Burgaard grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Intellectual Property Rights

Copyright Information and Personal & Non-Commercial Use Limitation

All Content and the compilation of all content included on this Website are owned or licensed by Burgaard and protected by United States and international copyright laws. Burgaard does not claim ownership of copyrights owned by third parties.

You have been granted a license to view and use the Content subject to these Terms of use. Unless otherwise specified, the Content on this Website are for your personal and non-commercial use. You may not sell or modify Content or reproduce, display publicly or otherwise use the Content in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Burgaard. Users may not provide copyrighted or other proprietary information to Burgaard without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Burgaard reserves the right to bar any such activity.

Trademarks

Burgaard owns trademarks for its many goods and services, including, without limitation, Burgaard and Burgaard Photography and the associated graphics, logos and service marks are trademarks of Burgaard and may not be used without prior written consent of Burgaard. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

Ideas and Inventions

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Burgaard in connection with your use of this Website shall be the exclusive property of Burgaard. You agree that unless otherwise prohibited by law Burgaard may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

Privacy and Protection of Personal Information.

Burgaard respects the privacy of visitors to the Website. Please see Burgaard’s Privacy Policy relating to the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Burgaard collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms of Use. If you do not agree to each and every part of Burgaard’s Privacy Policy, then you should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Burgaard via email at info@burgaard.com.

Service and Product Descriptions

Burgaard attempts to make its service and product descriptions as accurate as possible. However, Burgaard does not warrant that the service or product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. If a product offered by Burgaard is not as described, your sole remedy is to return it in unused condition. Terms of Use for services are subject to separate contract agreements for each order.

In the event that a service or product is mistakenly listed at an incorrect price, Burgaard reserves the right to refuse or cancel any orders placed for services and products listed at the incorrect price. Burgaard reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Burgaard shall issue a credit to your credit card account in the amount of the incorrect price.

Third Party Links

This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of Burgaard, and the existence of a link on the Website does not imply any endorsement of the linked websites by Burgaard or any affiliation between Burgaard and the owners of the linked websites. Burgaard makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Burgaard has no responsibility to you with respect to such material Burgaard encourages you to examine the privacy policies and/or terms of use policies of any third party website.

Online Conduct

you agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation:

  1. engaging in any illegal activity or the planning of any illegal activity;
  2. disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  3. creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;
  4. creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
  5. exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
  6. interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or
  7. stalking or harassing another;
  8. engaging in any other activity deemed by Burgaard to be in conflict with the spirit or intent of this Website.

Security

Burgaard reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

Burgaard reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Burgaard to disclose the identity of anyone posting any information, or publishing or otherwise making available any Content that are believed to violate these Terms of Use.

Disclaimers

BURGAARD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BURGAARD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BURGAARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURGAARD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BURGAARD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BURGAARD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Burgaard reserves the right to do any of the following, at any time, without notice:

  1. to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
  2. to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and
  3. to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Burgaard be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Burgaard has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Burgaard is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, Burgaard’s liability shall in no event exceed the greater of

  1. the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against Burgaard (but not including the purchase price for any Burgaard hardware or software products or any BurgaardCare or similar support program), or
  2. US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Burgaard, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Burgaard by any third party due to or arising out of or in connection with your use of the Website.

Violation of These Terms of Use

Burgaard may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Burgaard’s rights or property, or the rights or property of visitors to or users of the Website, including Burgaard’s customers. Burgaard reserves the right at all times to disclose any information that Burgaard deems necessary to comply with any applicable law, regulation, legal process or governmental request. Burgaard also may disclose your information when Burgaard determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Burgaard may preserve any transmittal or communication by you with Burgaard through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Burgaard determines that such preservation or disclosure is reasonably necessary to

  1. comply with legal process,
  2. enforce these Terms of Use,
  3. respond to claims that any such data violates the rights of others, or
  4. protect the rights, property or personal safety of Burgaard, its employees, users of or visitors to the Website, and the public.

You agree that Burgaard may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Burgaard, for which monetary damages would be inadequate, and you consent to Burgaard obtaining any injunctive or equitable relief that Burgaard deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Burgaard may have at law or in equity.

You agree that Burgaard may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to)

  1. requests by law enforcement or other government agencies,
  2. a request by you (self-initiated account deletions),
  3. discontinuance or material modification of the Website or any service offered on or through the Website, or
  4. unexpected technical issues or problems.

If Burgaard does take any legal action against you as a result of your violation of these Terms of Use, Burgaard will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Burgaard. You agree that Burgaard will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Burgaard and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Burgaard administers and operates the www.burgaardphotography.com Website from its location in Los Angeles, California USA. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Burgaard reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Burgaard with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Burgaard with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Burgaard, Burgaard will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Burgaard’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Burgaard of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Burgaard and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Burgaard provides access to Burgaard international data and, therefore, may contain references or cross references to Burgaard products, programs and services that are not announced in your country. Such reference does not imply that Burgaard in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Burgaard shall be free to use such information on an unrestricted basis.

The information contained in this Website is subject to change without notice.

Burgaard, Inc.
P.O. Box 26831
Los Angeles, California 90026,
USA

Last updated: October 13, 2015.