Effective Date: 25.05.21
 
Welcome to https://www.gabrielasphotographyandfilm.com/ (Site)
 
This Site is owned and operated by Gabriela Dickinson trading as Gabriela (referred to in these terms as “Gabriela”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
 
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms. 
 
NO MINORS
By using the Site, accessing or purchasing any products or services, you warrant that:
 
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
 
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
 
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
 
INTELLECTUAL PROPERTY
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content.
 
No Commercial Use
 
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms. 
 
 
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here.  By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
 
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:
1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or 
3. there is no possibility of failure to store communications or other data.
 
 
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
 
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
 
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
 
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
 
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.