TERMS AND CONDITIONS
Welcome to AnnaFeraphotography!
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by annafera. This includes the mobile and tablet versions as well as any other version of Annafera accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM ANNAFERA..
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of ANNAFERA. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on ANNAFERA. You agree to be bound by any modification to this terms and conditions when you use ANNAFERA after any such modification is posted; it is therefore important that you review this agreement regularly.
ANNAFERA may, in its sole discretion, refuse to offer the services to any user or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By providing ANNAFERA with your email address, you consent to our use of your email address to send you notices about the services, including those required by law. We may also use your email address to send you notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
ANNAFERA offers photography services. Users may book photo shoots in New York through the website. When booking photo shoots, select the appropriate shoot date and time. Please check the availability of dates before booking a session. If the client wishes to cancel a photo shoot reservation please refer to our cancellation policy.
ANNAFERA may change or discontinue the availability of the services at any time at its sole discretion. ANNAFERA reserves the right to cancel services at any time during the session and to leave the session location if the photographer representing ANNAFERA is the victim of inappropriate, threatening, hostile or offensive behavior by any person attending the event or session location. In cases where the shoot must be terminated and the ANNAFERA photographer must leave the shoot location, the retainer fee and any deposit paid will be non-refundable.
ANNAFERA reserves the right to use the client's photos on the website. If the client wishes ANNAFERA not to use the client's photos on their website, the client may pay an additional fee. The fee may be agreed and included in the final price at the time of drawing up and signing the corresponding contract.
ANNAFERA does not guarantee the durability of the photos in our storage systems, nor in the client's storage systems. ANNAFERA does not guarantee the quality of the digital media or files shipping to the customer. The customer is solely responsible for backing up, archiving and maintaining the integrity of the files. ANNAFERA will store the digital photo files for 30 days after the photos have been sent, but will not be responsible for the storage of these files.
Please note that the client booking and contracting a photo shoot is responsible for covering all additional fees and costs related to the choice of the photo shoot location (transportation, parking, admission fee, etc.). Any extra costs that are not included in the contract and are related to the location of the photo shoot are the responsibility of the client.
At the moment of contracting our services and before starting the work, the client must make a deposit in order to book the photographer to perform the services specified in the corresponding contract. Upon completion of the services and the photo shoot, the customer must pay the remainder of the price agreed upon in the contract.
All materials on ANNAFERA, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ANNAFERA or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on ANNAFERA are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ANNAFERA prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize ANNAFERA or any part of the material for any purpose other than its intended purposes is strictly prohibited.
5. COPYRIGHT COMPLAINTS (DMCA)
ANNAFERA will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Annafera respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Annafera can find it on the "Annafera" website. Note that providing a top-level URL is not sufficient.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
6. PERSONAL DATA
7. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to ANNAFERA or licensed to the ANNAFERA by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ANNAFERA in connection with the services.
Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
Download any content unless it’s expressly made available for download by ANNAFERA.
8. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet ANNAFERA provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse ANNAFERA for any loss or damage caused as a result.
ANNAFERA will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, ANNAFERA excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ANNAFERA and ANNAFERA shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on the website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from ANNAFERA.
All representations, warranties, conditions and other terms which but for this notice would have effect.
9. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by ANNAFERA for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify ANNAFERA from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the services.
11. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ANNAFERA without restriction.
13. INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and ANNAFERA, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. ANNAFERA may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, especially the courts located in the state of New York, shall have jurisdiction over any dispute, controversy or claim relating to ANNAFERA and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, especially the courts located in the state of New York.
15. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States, specifically the laws of the State of New York. Use of the website and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website and services or information provided to or collected by us with respect to such use.
If any part of these terms and conditions is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms and conditions at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
16. CONTACT INFORMATION
If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:
Welcome to ANNAFERA!
1. GENERAL INFORMATION
The personal data of the users that are collected and processed through the website:
Will be under responsibility and in charge of:
2. TYPES OF INFORMATION GATHERED
The information we collect from our users and customers helps us to deliver our services effectively and to personalize and continually improve the user experience on the website. These are the types of information we collect:
Information You Give Us. You provide information when you search, read and view content on our website, book our services, provide information through our services and/or communicate with us through our contact information or our contact forms. As a result of those actions, you might supply us with the following information:
First and last name
Any additional information relating to you that you provide to us directly through our website or indirectly through our website or online presence such as ‘cookies’.
Annafera will not collect any personally identifiable information about you, unless you provide it.
Information Collected Automatically: By accessing and using the website you automatically provide us with the following information:
The device and usage information you use to access the website
Your IP address
Browser and device characteristics
What parts of the website you use and how often
If you access the website through a mobile phone, we will collect the following information:
Mobile device ID
Model and manufacturer
Facebook Pixel: Our website uses the Facebook Pixel. Through the Facebook Pixel we can collect user information for different purposes. We use the Facebook Pixel for the following purposes:
Collect statistics about our platform (for example, the number of users who visited a page).
Collect information about how you interact with our platform (for example, whether you opened or followed links contained in them).
Personalize online services and marketing communications.
Tailor advertisements to users and optimize advertising campaigns.
Social Media: On our website you will find links and functions linked to different social networks, in which you can share your information.
3. HOW LONG WE KEEP YOUR DATA
Personal data provided by users through the website and services will be kept for the time necessary for the provision of the services. annafera may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn. Furthermore, annafera may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
4. HOW WE USE YOUR INFORMATION.
In general, we use the information we collect primarily to provide, maintain, protect and improve our current website and services. We use personal information collected through our website as described below:
Identify you as a user in our system.
Provide the services.
Booking of photo shoots.
Provide our services (photo shoots).
Send invoices to customer's email.
Improve our services, website, and how we operate our business.
Understand and enhance your experience using our website and services.
Respond to your comments or questions through our support team.
Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages.
Communicate with you about upcoming events, offers and news about services offered by annafera and our selected partners.
Marketing purposes of annafera.
Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service.
Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
5. HOW DO YOU GET MY CONSENT?
6. HOW WE SHARE INFORMATION
The personal information of our customers and users is an important and fundamental part of our business. Under no circumstances will we sell or share information with third parties that has not been previously authorized by the user, client or owner of the personal data. We share user and customer information only and exclusively as described below.
Third-Party Service Providers. We use third-party services to perform functions on our website. Examples include: Creating and hosting the website, sending emails, analyzing data (Google Analytics), providing marketing assistance, and providing search results.
Protection of annafera and others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms and conditions and other agreements, or protect the rights, property, or safety of annafera, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent. Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Anonymous Information. annafera uses the anonymous browsing information collected automatically by our servers primarily to help us administer and improve the Website. We may also use aggregated anonymous information to provide information about the Website to potential business partners and other unaffiliated entities. This information is not personally identifiable.
Email Address. The email address that you supply to us for purposes of receiving our email communications will never be rented or sold to a third party.
7. PROTECTING YOUR INFORMATION
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide through the website. We restrict authorized access to your personal information to those persons who have a legitimate purpose to know that information and to those persons you have authorized to have access to that information. annafera follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once annafera receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while annafera strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so.
Users who provide information through our website, as data subjects and data owners, have the right to access, rectify, download or delete their information, as well as to restrict and object to certain processing of their information. While some of these rights apply generally, others apply only in certain limited circumstances. We describe these rights below:
Access and portability: to access and know what information is stored in our servers, you can send us your request through our contact information.
Rectify, Restrict, Limit, Delete: You can also rectify, restrict, limit or delete much of your information.
Right to be informed: Users of our website will be informed, upon request, about what data we collect, how it is used, how long it is retained and whether it is shared with third parties.
Object: When we process your information based on our legitimate interests as explained above, or in the public interest, you may object to this processing in certain circumstances. In such cases, we will stop processing your information unless we have compelling legitimate reasons to continue processing it or where it is necessary for legal reasons.
Revoke consent: Where you have previously given your consent, such as to allow us to process and store your personal information, you have the right to revoke your consent to the processing and storage of your information at any time. For example, you may withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn your consent if we have a legal basis for doing so or if your withdrawal of consent was limited to certain processing activities.
Complaint: If you wish to file a complaint about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority. Users can exercise all these rights by contacting us through the contact information or the contact page.
Rights related to automated decision-making, including profiling: website users may request that we provide a copy of the automated processing activities we conduct if they believe that data is being unlawfully processed.
Users may exercise their rights in relation to the personal data they provide to annafera, at any time, by sending us their request through our contact information and we will process and respond to their request as soon as possible.
9. CHILDREN’S ONLINE PRIVACY PROTECTION
We comply with the requirements of the New York Privacy Act (“NYPA”), regarding the protection of personal data of minors. We do not collect any information from children under the age of 13. Our website and our services are directed to persons over the age of 13. If you become aware that your child has provided us with personal information, please contact us. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete that information and restrict access.
10. THIRD PARTIES
11. CONTACT US
Welcome to AnnaFeraPhotography!
(Hereinafter referred to as “AnnaFera”).
The information collected through cookies will be under responsibility and in charge of:
1. WHAT ARE COOKIES?
If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’, ‘tool’, or ‘edit’ section. Please note that if you use your browser settings to block all cookies, including strictly necessary cookies, you may not be able to access or use all or parts of the functionalities of the website.
If you want to remove previously-stored cookies, you can manually delete the cookies at any time. However, this will not prevent the website from placing further cookies on your device unless and until you adjust your Internet browser setting as described above.
We provide the links for the management and blocking of cookies depending on the browser you use:
3. FIRST-PARTY COOKIES
4. THIRD-PARTY COOKIES
Third-party cookies may come from partners or third-party companies that provide functional web services or tools for our website and the optimal functioning and operation of our services. We use third party cookies responsibly and for the sole purpose of providing optimal functioning of the platform and services. You may opt out of these cookies by following the cookie removal information contained in this document or the technical information of the browser from which you access our website and services.
5. PURPOSES OF OUR COOKIES
Our cookies are used for the following purposes:
Strictly Necessary: These cookies are essential for the website to perform its basic functions.
Security: We use these cookies to help identify and prevent potential security risks.
Analytics and Performance: Performance cookies collect information on how users interact with our website, including what pages are visited most, as well as other analytical data. We use these details to improve how our website functions and to understand how users interact with them.
Advertising: These cookies are used to display relevant advertising to visitors who use our services or visit websites we host or provide, as well as to understand and report on the efficacy of ads served on our website. They track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are also used to build user profiles, including showing you ads based on products you’ve viewed on our website. These are set by the website and trusted third party networks and are generally persistent in nature.
6. CONTACT US
Welcome to AnnaferaPhotography!
This refund policy applies to all services purchased through:
1. REFUNDS AND CANCELLATIONS
Photo shoot bookings may be cancelled according to the following provisions: Photo shoots cancelled immediately after confirmation through 15 days before the shoot date will be subject to a $30.00 cancellation fee.
Photo shoots that are cancelled 14 days prior to the date of the shoot will receive a 50% refund.
Photo shoots cancelled within 13 days through 24 hours prior to the photo shoot booking date will receive no refund. If the client does not show up for the session, no refund will be granted.
2. REFUND PROCESSING
Once the cancellation of the photo session has been made through our contact information, the refund will be made according to the information contained in the previous clause. The refund will be processed through the original payment method. If after 5 business days from the cancellation of the photo shoot you have not received your refund, please contact us through our contact information.
3. CONTACT US
If you have any questions or concerns about this refund policy, please contact us through our contact page or by using the contact information below:
COPYRIGHT AND REPRODUCTIONS
By scheduling and contracting our services, you accept and agree to the conditions described below, unless otherwise agreed in writing between annafera and you.
Annafera owns the copyright of all images created during photo shoots and has the exclusive rights to make reproductions and edits of any kind. The purchase of our services and photographs does not entail the transfer of rights of said photographs.
By scheduling and contracting our photography services, the client accepts and declares that he/she obtains the photos created during the photo sessions for personal and non-commercial use. The client may not edit or modify the photographs for commercial purposes or sell the photographs to any third party without the respective written permission of annafera.
Client represents and warrants that it will not use or allow any third party to use the photographs created during the photo shoots, or license any rights to the photographs, for any commercial purpose without the written consent of annafera.
Annafera reserves the right to use and publish the client's photos on the website and all social media platforms as a display and example of our work. If the client wishes annafera not to use the client's photos on its website, the client may pay an additional fee and the client's photos will not be displayed on the website.
Accessing, using, viewing, displaying, executing, copying or downloading the content of our website for other than personal and non-commercial use is expressly prohibited without the prior written consent of annafera.
WAVER AND RELEASE OF LIABILITY
This Waiver and Release of Liability applies to all ANNAFERA services and all services booked through the website.
By scheduling and contracting our services, you acknowledge that outdoor photo shoots may involve inherent risks, dangers and hazards that cannot be anticipated, controlled or eliminated, particularly in an outdoor environment. You understand that these risks, dangers and hazards include without limitation personal injury or accident or property damage to photographic equipment used in the photographic sessions or during the performance of the services.
You represent, warrant and covenant that you are willing to assume all risks inherent in the provision of the services. You agree and represent that by accepting this document and by scheduling and contracting our services, you release and hold harmless Annafera and any of its employees or affiliates involved in the provision of the services for any incident or accident that may occur during the provision of the services.
You agree to release from any and all claims, demands, losses, damages and liability that may arise from any incident, accident or property damage, including personal injury and/or death, during the provision of the services.
Annafera reserves the right to cancel services at any time during the shoot and to leave the shoot location if the photographer representing Annafera or any other employee involved during the shoot is the victim of inappropriate, threatening, hostile or offensive behavior by any person attending the event or shoot location. In cases where the shoot must be terminated and the Annafera photographer and any other Annafera employee must leave the shoot location, the retainer fee and any deposit paid will be non-refundable.
Annafera is not responsible for unforeseen delays or cancellations of photo shoots, due to extreme weather conditions, transportation complications or any other "act of nature" that cannot be foreseen.