UPDATED OCTOBER 1, 2023
The Websites are offered and available to users who are 18 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, the Company and/or its licensors own all the intellectual property rights and materials contained in the Websites. You are granted limited license only for purposes of viewing the material contained on the Websites.
You are specifically restricted from all of the following:
- Publishing any Website material in any other media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Sharing any Website material with others who have not purchased my services;
- Publicly performing and/or showing any Website material;
- Using the Websites in any way that is or may be damaging to the Websites;
- Using the Websites in any way that impacts user access to the Websites;
- Using the Websites contrary to applicable laws and regulations, or in any way may cause harm to the Websites, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Websites;
- Using the Websites to engage in any advertising or marketing.
Certain areas of the Websites are restricted from being accessed by you and the Company may further restrict access by you to any areas of the Websites, at any time, in absolute discretion. Any user ID and password you may have for the Websites are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on the Websites. By displaying Your Content, you grant the Company a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. The Company reserves the right to remove any of Your Content from the Websites at any time without notice.
The Websites is provided “as is,” with all faults, and the Company express no representations or warranties, of any kind related to the Websites or the materials contained on the Websites. Also, nothing contained on the Websites shall be interpreted as advising you.
LIMITATION OF LIABILITY
In no event shall the Company, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of the Websites whether such liability is under contract. The Company, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Websites.
You hereby indemnify to the fullest extent the Company from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
The Company is permitted to revise these Terms at any time as it sees fit, and by using the Websites you are expected to review these Terms on a regular basis.
The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between the Company and you in relation to your use of the Websites, and supersede all prior agreements and understandings.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the Colorado and the United States, and you submit to the non-exclusive jurisdiction of the state and federal courts located in United States for the resolution of any disputes.
Refund or Cancellation Policy
Refunds are not provided for products and/or services. If you are dissatisfied with any service received, every reasonable action will be taken to ensure satisfaction. If necessary, transfer of service to another individual is possible upon discretion of Elements of Image. You or the arranged transferee as agreed upon by Elements of Image, are responsible for full payment of fees for the package and all installments must be paid on a timely basis. Gift certificates are non-refundable but may be transferred to another individual upon discretion of Elements of Image.
Any deposits made to hold dates are non-refundable. You may reschedule the initial appointment should a conflict arise; however, as stated the deposit is non-refundable.