Valentina Vladi Photography

Destination Wedding Photographer | Dallas, TX

CLOUD STORAGE TERMS AND CONDITIONS

Last updated October 21, 2022

THIS LEGAL AGREEMENT BETWEEN YOU AND VALENTINA VLADI PHOTOGRAPHY GOVERNS YOUR USE OF THE CLOUD STORAGE PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “GALLERY”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

Valentina Vladi Photography is the provider of the Gallery, which permits you to utilize certain Internet services, including storing your personal content (such as photos, notes, etc.) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement.

I. REQUIREMENTS FOR USE OF THE SERVICE

     A. Age. The Gallery is only available to individuals aged 18 years or older (or equivalent minimum age in the relevant jurisdiction). We do not knowingly collect, use or disclose personal information from children under 18, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. By accepting this Agreement, you represent that you understand and agree to the foregoing.

     B. Devices. Use of the Gallery may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility. 

     C. Limitations on Use. You agree to use the Gallery only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Gallery or other behavior intentionally or unintentionally threatens Valentina Vladi Photography’s ability to provide the Gallery or other systems, Valentina Vladi Photography shall be entitled to take all reasonable steps to protect the Gallery and Valentina Vladi Photography’s systems, which may include suspension of your access to the Gallery. If you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other facility of Gallery Cloud Storage to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use Gallery Cloud Storage in any manner that would make Valentina Vladi Photography (or any Valentina Vladi Photography Subsidiary) your or any third party’s business associate.

     D. Availability of the Gallery. The Gallery, or any feature or part thereof, may not be available in all languages or in all countries and Valentina Vladi Photography makes no representation that the Gallery, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Gallery, you do so at your own initiative and are responsible for compliance with any applicable laws.

     E. Changing the Gallery.  Valentina Vladi Photography will not make any material adverse change to the Gallery before the end of your current paid term, unless a change is reasonably necessary to address legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event, war, or other similar occurrence outside of Valentina Vladi Photography’s reasonable control. In the event that Valentina Vladi Photography does make material adverse changes to the Gallery or terms of use, you will have the right to terminate this Agreement, in which case Valentina Vladi Photography will provide you with a pro rata refund of any pre-payment for your then-current paid term. Valentina Vladi Photography shall not be liable to you for any modifications to the Gallery or terms of service made in accordance with this Section IE.

II. FEATURES AND SERVICES

      1.  Photo Gallery 

Online Gallery is available on the Valentina Vladi Photography’s hosting site for up to 1 year after the event’s date. You may choose to extend hosting time for your Online Gallery at the Valentina Vladi Photography's current hosting rates. The hosting plans can be purchased at yearly increments only. The photo and video resolution may vary depending on your device settings and available storage. You may download full resolution photos and videos at any time. Photo Gallery Hosting will be applied to ALL Photo galleries you have. All your galleries will be combined into one. For example, if you have a separate engagement session and a wedding gallery, after purchasing gallery cloud storage, the engagement session gallery will become a collection set inside your wedding (main) gallery, and the entire gallery hosting will be extended to the hosting time purchased. If you do not wish to combine the galleries, contact Valentina Vladi Photography prior to purchase. An additional fee will apply for each separate gallery cloud storage.

     2.  Grace Period

At the end of the hosting term, Online Gallery becomes inactive for the Grace Period of 14 (fourteen) days. If within that Grace Period you make a payment to extend the hosting time, the gallery will be activated free of charge. After the Grace Period is over and if you didn't make the payment for extending the hosting time, Online Gallery will be deleted from the Valentina Vladi Photography's hosting server. Any claims or requests for re-uploading your images to Online Gallery after the Grace Period is over will be made at the current rate per hour for labor, materials, and hosting costs.

     2.  Backup

Valentina Vladi Photography shall use reasonable skill and due care in providing the Gallery, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VALENTINA VLADI PHOTOGRAPHY DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND VALENTINA VLADI PHOTOGRAPHY SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your photographs and other data.

     3. Payment

The applicable fee for a hosting will take effect immediately. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING VALENTINA VLADI PHOTOGRAPHY WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Valentina Vladi Photography is unable to successfully charge your credit card or payment account for fees due, Valentina Vladi Photography reserves the right to revoke or restrict access to your stored content or delete your stored content.

     4. No Refunds

All sales are final, and Valentina Vladi Photography does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

5. Hosting Time

Hosting time starts from your event date. Hosting time is calculated in fiscal year increments starting from your event’s date. Example, if your event was photographed on October 16, 2021 then 1 year of hosting will end on October 15, 2022 by midnight.

6. Your Use of the Gallery

     A. No Right of Survivorship

Unless otherwise required by law, you agree that your gallery is non-transferable and that any rights to your content within your Gallery terminate upon your death. Upon receipt of a copy of a death certificate your gallery may be terminated and all content within your Gallery deleted. Contact Valentina Vladi Photography for further assistance.

     B. No Resale of Gallery

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Gallery (or any part thereof) for any purpose.

7. Access to Your Photos

You agree that the access to your Gallery is not restricted and there is no password in place to protect its privacy. Anyone with the direct link to your Gallery will be able to gain a full unrestricted access to your data stored in the gallery. Valentina Vladi Photography does not guarantee any privacy of your stored images. Valentina Vladi Photography reserves the right to take steps Valentina Vladi Photography believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Valentina Vladi Photography may, without liability to you, access, use, preserve and/or disclose your Gallery data and any Content to law enforcement authorities, government officials, and/or a third party, as Valentina Vladi Photography believes is reasonably necessary or appropriate, if legally required to do so or if Valentina Vladi Photography has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Valentina Vladi Photography, its users, a third party, or the public as required or permitted by law. 

8. Changes to Gallery’s Content. You understand that in order to provide the Gallery and make your Content available thereon, Valentina Vladi Photography may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Valentina Vladi Photography to take any such actions.

9. Updates. From time to time, Valentina Vladi Photography may update the Gallery. In order to continue your use of the Gallery, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Gallery. 

10. Termination

     A. Voluntary Termination by You

You may delete your or stop using the Gallery at any time. To delete your Gallery, contact Valentina Vladi Photography. If you terminate your Gallery, you will not have access to any content stored in it. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year/s during which you terminate. Termination of your Gallery shall not relieve you of any obligation to pay any accrued fees or charges.

     B. Termination by Valentina Vladi Photography

Valentina Vladi Photography may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Gallery and/or access to it. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Gallery; (b) a request by you to cancel or terminate your Gallery; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the hosting to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Hosting, provided that in the case of non-material breach, Valentina Vladi Photography will be permitted to terminate only after giving you 14 days’ notice and only if you have not cured the breach within such 14-day period. Any such termination or suspension shall be made by Valentina Vladi Photography in its sole discretion and Valentina Vladi Photography will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Gallery and/or access to it. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Valentina Vladi Photography’s reasonable control. In the event of such termination, Valentina Vladi Photography will provide you with a pro rata refund of any prepayment for your then-current paid term.

     C. Effects of Termination

Upon termination you may lose all access to the Gallery and any portions thereof. In addition, after a Grace Period of time, Valentina Vladi Photography will delete data stored in or as a part of your gallery(s).

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. 

VALENTINA VLADI PHOTOGRAPHY SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE GALLERY. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. 

VALENTINA VLADI PHOTOGRAPHY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GALLERY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VALENTINA VLADI PHOTOGRAPHY MAY REMOVE THE GALLERY FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GALLERY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VALENTINA VLADI PHOTOGRAPHY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, VALENTINA VLADI PHOTOGRAPHY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE GALLERY WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE GALLERY WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE GALLERY WILL BE CORRECTED.

VALENTINA VLADI PHOTOGRAPHY DOES NOT REPRESENT OR GUARANTEE THAT THE GALLERY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VALENTINA VLADI PHOTOGRAPHY DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GALLERY IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE GALLERY IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE GALLERY COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

     LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

VALENTINA VLADI PHOTOGRAPHY SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE GALLERY. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) VALENTINA VLADI PHOTOGRAPHY’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) VALENTINA VLADI PHOTOGRAPHY’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VALENTINA VLADI PHOTOGRAPHY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF VALENTINA VLADI PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE GALLERY (II) ANY CHANGES MADE TO THE GALLERY OR ANY TEMPORARY OR PERMANENT CESSATION OF THE GALLERY OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE GALLERY; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GALLERY; AND (VI) ANY OTHER MATTER RELATING TO THE GALLERY.

     INDEMNIFICATION

You agree to defend, indemnify and hold Valentina Vladi Photography, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Gallery; (b) your use of the Gallery; (c) any violation by you of this Agreement; (d) any action taken by Valentina Vladi Photography as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Valentina Vladi Photography, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Gallery, or to take any other action during the investigation of a suspected violation or as a result of Valentina Vladi Photography’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Gallery. You acknowledge that you are responsible for all use of the Gallery, and that this Agreement applies to any and all usage of your Gallery’s Content. You agree to comply with this Agreement and to defend, indemnify and hold harmless Valentina Vladi Photography from and against any and all claims and demands arising from usage of your Gallery, whether or not such usage is expressly authorized by you.

    GENERAL

     A. Notices

Valentina Vladi Photography may provide you with notices regarding the Gallery, including changes to this Agreement, by email to your email address (and/or other alternate email address associated with you if provided), iMessage or SMS, by regular mail, or by postings on our website and/or the Gallery.

     B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Valentina Vladi Photography shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Valentina Vladi Photography agree to submit to the personal and exclusive jurisdiction of the courts located within the Collin County, Texas, to resolve any dispute or claim arising from this Agreement.      

    C. Entire Agreement

This Agreement constitutes the entire agreement between you and Valentina Vladi Photography, governs your use of the Gallery and completely replaces any prior agreements between you and Valentina Vladi Photography in relation to the Gallery. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Valentina Vladi Photography to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

     D. “Valentina Vladi Photography” as used herein means:

• Valentina Vladi Photography DBA of IHOUSE DESIGN AND MEDIA LLC., PO BOX 1655 Allen TX 75013 USA

ELECTRONIC CONTRACTING

Your use of the Gallery includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

     E. Privacy

Your use of the Gallery is subject to Valentina Vladi Photography’s Privacy Policy, which is available at https://www.valentinavladiphoto.com/privacy-policy/ .