General Terms and Conditions

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of my products or services.

GENERAL PROVISIONS
This website is owned and operated by Eva Sacher, a Sole Proprietor. My principal place of business is located in Capitola, California, USA
You must be at least sixteen years of age to use my website. Use of this website is at your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

INTELLECTUAL PROPERTY NOTICE
Copyrights for all text, designs, graphics, and images, both high and low resolution, shall remain with the Photographer (Eva Sacher). Unless I provide express written permission, it is illegal to copy, scan, and/or reproduce the images with the exception of printing images for the customer’s personal use. Violators of this federal law will be subject to its civil and criminal penalties.

Photographer retains the rights to use any images created under this contract for professional samples, displays, website, social media, advertising, exhibitions, contests, and/or any other purpose.

The customer agrees they are not permitted to use the images for profit, advertising, or any commercial purposes. Customers interested in commercial photography will receive separate pricing and a commercial license/agreement.

Photographer will provide customers with low res versions of all selected and purchased images. These images will be suitable for online use and will include Photographer’s watermark with contact information. The customer has permission to post/share the low res images on any social media platforms so long as the watermark is not removed.

SECURITY
It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. I do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Paypal. By utilizing these payment processors to gain access to the Offering, you indemnify me and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION OF RISK
By accessing my Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.

YOUR COMMUNICATIONS
Any communications made through my ‘contact’, or other related pages, or directly to my phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. I own any and all communications displayed on my website, servers, comments, emails, or other media as allowed by California law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS
My website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While I may reference certain results, outcomes, or situations on this website, you understand and acknowledge that I make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let me know, please email me at mail@evasacher.com

THIRD-PARTY DISCLAIMER
You acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.

WARRANTIES DISCLAIMER
I make no warranties as to my programs, products, services, or program materials. You agree that programs, products, services, or program materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, I disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I do not warrant that the programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website or content is free of viruses or other harmful components. I do not warrant or make any representations regarding the use or the results of the use of our program, product, or services materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Indemnification, limitation of liability, and release of claims

TERMINATION
If at any time I feel you have violated these Terms and Conditions, then I shall immediately terminate your use of my website and any related communications as I deem appropriate. It is within my sole discretion to allow any user’s access to my website and I may revoke this access at any time without notice, and if necessary, block your IP address from further visits to my site(s).

ENTIRE AGREEMENT
Before You register with my website or make any purchases therefrom, You will be asked to consent to my Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and my company relating to the use of this website.

LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of California, United States of America.

CONSENT
By using my website, You hereby consent to my Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about my Terms and Conditions of Use, or my Privacy Policy, please feel free to contact me by email at mail@evasacher.com

ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here are reserved by Eva Sacher.

SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

CONTACT INFORMATION
Eva Sacher
(415) 539 8009
mail@evasacher.com