Branding by Jo — Terms of Use
Your Acceptance of These Terms of Use
These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with these Terms of Use. Branding by Jo, a DBA of Jocelyn Espejo Photography, LLC, operates this Site (“Site”). If you do not agree to these Terms of Use, do not access or use this Site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you also agree to our Privacy Policy, which we expressly incorporate here. Please review our Privacy Policy carefully before using this Site. We handle all information you provide through this Site in accordance with our Privacy Policy.
By using this Site, you agree that any personal information you provide will be true, accurate, current, and complete. You agree to update your personal information as needed. If these Terms of Use and our Privacy Policy conflict, these Terms of Use control.
Ownership of This Site and Its Content
The Site owns all intellectual property rights in the following (“Intellectual Property”):
- All text, logos, images, headers, trademarks, service marks, design elements, and other protected elements on the Site, except those licensed from others.
- Everything otherwise provided to you as part of the Site’s services.
- Any other intellectual property rights available to the Site, whether through state or federal registration or under common law.
Except as stated here, the Site does not grant you any rights to its Intellectual Property. You agree not to make unauthorized use of, or otherwise infringe on, the Site’s Intellectual Property. You are responsible for making sure you do not do so.
Third-Party Generated Content
The Site contains content generated by third parties, including comments. We do not guarantee the accuracy, integrity, or quality of this third-party content. The Site does not endorse, and is not responsible for, statements, advice, or opinions made by anyone other than authorized Site spokespersons.
Disclaimers
No Warranties
We make no representations or warranties about this Site, its content, or any product or service available on or promoted through it. This Site and all of its content, including user-generated content, come “as is” and “as available,” without warranties of any kind.
To the fullest extent the law allows, the Site, its franchises and affiliates, and their service providers and licensors disclaim all representations and warranties. This includes warranties that are express, implied, or arising by statute, custom, course of dealing, or course of performance, with respect to this Site, its content, and any products or services available or promoted through it.
Without limiting the foregoing, we disclaim all warranties of:
- Title, non-infringement, merchantability, and fitness for a particular purpose.
- The security of this Site.
- The accuracy, completeness, or currency of the Site’s content.
- Uninterrupted or error-free operation of this Site.
Site Security and Transmissions
We do not warrant that this Site, its servers, or any transmissions from us or through this Site will be free of harmful components, including viruses.
User-Generated Content
We do not endorse and are not responsible for statements, advice, or opinions in user-generated content. These statements, advice, and opinions do not reflect our own views. Our shareholders, owners, officers, directors, employees, and other representatives receive the benefit of this clause as well.
We also make no representations or warranties against the possibility of deletion, misdelivery, or failure to store communications, personalized settings, or other data.
Limits on This Disclaimer
Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer may not apply to you.
Limitation of Liability
To the fullest extent the law allows, we exclude and disclaim liability for any losses and expenses of any kind, however they arise. This exclusion covers our directors, officers, franchisees, employees, agents, suppliers, licensors, and service providers. Excluded losses include, without limitation:
- Direct, indirect, general, special, punitive, incidental, or consequential damages.
- Loss of use or loss of data.
- Loss caused by a virus.
- Loss of income or profit.
- Loss of or damage to property.
- Claims of third parties.
- Any other losses, even if we have been advised of the possibility of such damages.
This exclusion applies to losses arising out of or in connection with your use of this Site.
You assume total responsibility for establishing the data backup and virus-checking procedures you consider necessary. This limitation of liability applies whether the alleged liability arises under contract, tort (including negligence), strict liability, or any other basis.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use will not be deemed a waiver of that provision. The same applies to our failure to exercise any right provided for in these Terms.
All waivers must be in writing. Unless a written waiver states otherwise, a waiver of one breach will not be construed as a waiver of any continuing or later breach of that provision. It also will not be construed as a waiver of the provision itself or of any right under these Terms of Use.
Severability
If a court of competent jurisdiction holds any provision of these Terms of Use to be contrary to law, that provision will be changed and interpreted to best accomplish the objectives of the original provision, to the fullest extent the law allows. The remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction, and Venue
The laws of the State of Florida govern these Terms of Use and our Privacy Policy, without regard to its conflicts of law provisions. The state or federal court of competent jurisdiction for the City of Oviedo will hear all actions or proceedings arising out of or relating to these Terms of Use. You irrevocably consent and submit to the personal jurisdiction of those courts for all such purposes.
Notwithstanding the foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe infringement of these Terms of Use is taking place or originating.
If either party brings a legal action against the other to secure specific performance of these Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will recover reasonable attorney’s fees. The prevailing party will also recover all costs, bond premiums, fees, and other expenses incurred in the action, in addition to any other relief awarded.
Indemnity
You agree to indemnify, defend, and hold harmless the Site from any loss, liability, claim, or demand that a third party brings, including reasonable attorneys’ fees. This applies to claims arising out of your use of this Site in violation of these Terms of Use. It also applies if the claim arises from a breach of these Terms of Use, a breach of your representations and warranties above, or material you post using this Site that causes us to become liable to another party.
These Terms of Use May Change
These Terms of Use are current as of the effective date of use. The Site reserves the right to change these Terms of Use from time to time, consistent with applicable laws and principles. Changes take effect as of the date we post the revised version on this Site.
If you continue to use this Site after we post revised Terms of Use, you agree to follow the revised Terms. If you choose not to accept these Terms of Use at any time, you should not use this Site.
Entire Agreement
These Terms of Use, together with our Privacy Policy and any Privacy Notices or click-through agreements that apply to you, contain the entire understanding and agreement between you and the Site regarding this Site. They supersede all previous communications, negotiations, and agreements between you and the Site regarding your use of this Site. This includes communications that were oral, written, or electronic.
Definitions
“Content” refers to all software and code that make up or operate this Site, and all text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
“Branding by Jo,” “we,” “us,” and “our” refer to Branding by Jo, a DBA of Jocelyn Espejo Photography, LLC.
“Including” means “including, but not limited to.”
“Site” refers to any website, application, or service that Branding by Jo, a DBA of Jocelyn Espejo Photography, LLC, owns, on which these Terms are posted.
Questions
If you have questions about this Site or these Terms of Use, contact us at hello@brandingbyjo.com.
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