Terms & Conditions
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. Your access to and use of this website (www.jillianfaulkner.com) (the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Jillian Faulkner Photography Ltd, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at info@jillianfaulkner.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
7. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy indicated below. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
8. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://jewel-education.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
10. You release Jillian Faulkner Photography Ltd. and its employees & contractors from all claims, damages, and liabilities that may result from accidents or incidents that occur during the session. We retain our own, sole and exclusive copyright to all images (including digital images). Your use of these images is limited to personal, non-commercial purposes, and you may not sell or assign these images to a third party. Furthermore, you release and discharge us from any and all claims and demands ensuing from or in connection with the use of the images, including any and all claims for libel and invasion of privacy. This authorization and release shall inure to the benefit of the legal representatives, licensees and assignees of Jillian Faulkner Photography Ltd.
11. The Company reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of the Company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
12. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Privacy Policy
This privacy policy discloses the privacy practices for www.jillianfaulkner.com (“web site”). This privacy policy applies solely to information collected by this web site. Jillian Faulkner Photography Ltd. (the “Company”) respects the privacy concerns of the users of its website, www.jillianfaulkner.com and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.
Use of Information: As a general policy, no personally identifiable information, such as your name, address or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. Personally identifiable information is never sold or leased to any third parties. Unless otherwise noted, the Company is the sole owner of the information collected on this web site.
The Company will use your information to respond to you, regarding the reason you contacted us and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order or process your payment. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
Unless you ask us not to, The Company may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Should you receive any such e-mails, it will include a link allowing you to unsubscribe from any future mailings.
Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.
Booking a Portrait Session or Purchasing via the Online Gallery: We request information from you on our contact form. To reserve a portrait session with us, you must provide contact information (like name, email and phone number) and to make payment, financial information to Square and/or Authorize.net (like credit card number, expiration date). This information is used for billing purposes and to reserve your session and/or to fulfill an order. If we have trouble processing an order, we’ll use this information to contact you.
Your Access to and Control Over Information: You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Express any concern you have about our use of your data.
Cookies: We use “cookies” on this web site. A cookie is a piece of data stored on a web site visitor’s hard drive to help us improve your access to our web site and identify repeat visitors to our web site. Usage of a cookie is in no way linked to any personally identifiable information on our web site. Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Third-party Cookies: Our web site utilizes third-party cookies through Google Analytics Features and Google Analytics Demographics. These cookies may track the time you spend on our web site, what web pages you view, and other browsing behavior. If you’d like to opt-out, you may download Google Analytics Opt-Out Add-on here https://tools.google.com/dlpage/gaoptout/
Payments: The Company may provide paid products and/or services within the service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are:
Authorize.net
Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/
Squareup.com/ca/en
Their Privacy Policy can be viewed at https://squareup.com/ca/en/legal/general/privacy
Security: We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
All sensitive information (such as credit card data) is collected and processed by Square and/or Authorize.net. That information is encrypted and transmitted to Square and/or Authorize.net in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. We do not collect, store, nor have access to your credit card number.
Updates: Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 403-615-6745 or via email at info@jillianfaulkner.com
©2023 Jillian Faulkner Photography Ltd.