WEBSITE TERMS OF USE
TERMS AND CONDITIONS + PRIVACY POLICY
Bailey Batishev Photography LLC
Updated October 2, 2026
How this page applies
This page contains our Product and Purchase Addendum, our Your Content Suite Terms Addendum, our Your Content Suite Privacy Addendum, and our existing Website Terms of Use and Website Privacy Policy. Read them together. The existing terms and privacy sections are retained below. The addenda supplement them and control only the specific subjects and products expressly identified. All other existing provisions remain in effect, subject to rights that cannot be waived under applicable law. The December 1, 2022 date in the original website terms identifies their original effective date; the update date above identifies these additions.
References to the Company, Bailey Batishev Photography, we, us, or our mean Bailey Batishev Photography LLC when it is the seller or service provider. These terms cover its websites and its products and services sold under its business and product names, including Bailey Batishev Photography, Branding By Bailey B, Bailey’s Boudoir, The Signature Society Co, Where We’re Headed, and Your Content Suite. They do not make the Company responsible for products sold by an independent third party merely because we link to or recommend them.
The commercial and agency permission in this page applies ONLY to Your Content Suite. It does not grant new commercial, resale, redistribution, agency, or client-use rights in our other products, website materials, courses, templates, photographs, or resources. A separate express written product license remains controlling within its stated scope.
PRODUCT AND PURCHASE ADDENDUM
1. Products and services covered
This addendum applies to current and future products and services sold by the Company: digital downloads; ebooks, guides, playbooks, workbooks and checklists; caption, hook, prompt and content libraries; templates and presets; recorded and live courses, workshops and educational programs; memberships and communities; coaching and consultations; business, brand, content and social-media resources; bio, brand and content audits; AI tools and assistants; subscriptions and software; photography and related services; retreats and events; bundles, add-ons and other paid or free resources. Naming a category does not mean that an item is currently offered or included in a particular purchase. The applicable sales page, checkout and separate written agreement identify what you are purchasing.
A signed photography, event, retreat, coaching or other service agreement continues to govern that engagement, including its scope, licensing, scheduling, cancellation and payment provisions. This update does not retroactively take away an express license, refund commitment or other contractual right included in a previous purchase. A product-specific written agreement or checkout disclosure controls its specific subject over this general addendum; mandatory legal rights always control.
2. Orders, delivery and access
You must provide accurate contact and payment information and be legally able to make your purchase. Digital items may be delivered by download, email, account access or a third-party platform. Check the purchase description for included files, delivery timing, access duration, sessions, support and prerequisites. You are responsible for compatible equipment, internet access and any separately disclosed third-party accounts or licenses. A purchase does not include every product, future release, update, live session or service we offer unless expressly stated. We do not promise lifetime access unless a particular offer expressly defines that commitment.
Do not share paid downloads, member credentials or access links; upload paid materials to public libraries or shared drives; resell, sublicense or redistribute our materials; or offer our courses, templates or resources as your own. Existing product licenses and the original intellectual-property restrictions remain in force. Buying a bundle does not expand the license for its individual components. Your ownership of your own original materials is not affected.
3. Prices, payment and subscriptions
Prices, currency, payment timing, applicable taxes, installment obligations and any renewal terms will be disclosed before you commit to a purchase. You authorize the disclosed charges to your chosen payment method. A payment plan divides the price of the purchased product; it is not a cancel-anytime subscription unless expressly described that way. We will not treat a one-time purchase as authorization for recurring charges without separate disclosure and agreement.
For subscriptions, the disclosed amount renews on the disclosed billing schedule until canceled. Cancellation stops the next renewal, and paid access continues through the end of the period already paid for, except for a justified suspension for security, fraud, unlawful activity or a material breach. The relevant period is your actual billing cycle, not necessarily the last day of a calendar month. Price changes apply prospectively with required notice and an opportunity to cancel before the new charge. The seven-day, card-required free trial applies ONLY to Your Content Suite. It does not apply to any other product, course, download, membership, coaching, audit, photography service or purchase. Your Content Suite’s trial is described below.
4. Refund policy
ALL SALES ARE FINAL. NO VOLUNTARY REFUNDS are provided for products, services, subscriptions, renewals, unused time, unused downloads or unused features, including when you forget to cancel before a disclosed renewal or trial conversion. Cancel anytime to stop the next subscription renewal. Paid access continues through the end of the paid billing period as described above. Contact baileybatishevphoto@gmail.com for any questions or suspected billing errors.
This policy does not exclude refunds, remedies, cancellation rights or other protections that cannot lawfully be waived. It does not remove a specific refund promise already made in a separate binding purchase agreement, prevent reporting an unauthorized charge, or eliminate rights provided by your payment provider or applicable law.
5. Educational resources, AI tools and results
Our courses, resources, coaching, audits, recommendations and AI tools are informational and educational. They are not legal, tax, medical, financial or other licensed professional advice. Results depend on your circumstances, judgment, implementation and factors outside our control. We do not guarantee revenue, bookings, audience growth, engagement, search ranking, platform approval or any specific outcome. Testimonials and examples are not promises of your results. You remain responsible for reviewing information before using it and obtaining professional advice where appropriate.
6. Promotions, affiliates and support
Discounts and promotional offers apply only under their stated conditions and do not extend automatically to prior purchases or future renewals. An affiliate or referral program, if offered, is governed by its separate published or accepted program terms, including eligibility, attribution, commissions, payment timing and required tax or identity information. This page does not promise enrollment, a commission rate or automatic payouts. Affiliates must make legally required disclosures, describe products truthfully and must not spam or misrepresent an affiliation. Contact support at baileybatishevphoto@gmail.com.
YOUR CONTENT SUITE TERMS ADDENDUM
7. Scope and account eligibility
Sections 7 through 16 apply only to Your Content Suite, including yourcontentsuite.com, app.yourcontentsuite.com and related Your Content Suite services operated by the Company. They do not expand the licenses for our other products. Account holders must be at least 18 and legally able to enter into a contract. If you act for a business or client, you represent that you have authority to do so. Use accurate account details, protect credentials, use the intended team invitations and promptly report suspected unauthorized access.
8. Business and agency permission, limited to this app
Subject to your plan, payment status and these terms, we grant you a limited, nonexclusive, nontransferable right to use Your Content Suite for your own personal or business content operations. A plan that expressly includes agency or client work also permits you to manage authorized clients, invite permitted team members and client reviewers, and deliver or publish content for those clients within the plan’s brand, seat and usage limits. You may charge clients for your own services. This does not authorize reselling accounts, sublicensing the software, removing our ownership notices, or presenting our software as software you own.
For Your Content Suite only, this permission overrides the original Website Terms’ noncommercial-only restrictions in Section 2, their ban on commercial activities and advertising in Section 4, and their restrictions in Section 6 to the limited extent necessary for lawful promotional content and automation through the app’s intended features and authorized integrations. Restrictions on spam, scraping, unauthorized bots, security attacks, deception, illegal content and infringement remain in effect. This exception does not authorize copying, redistributing or selling our other courses, downloads, templates, photography or resources, even if those products are linked from the app or purchased in a bundle. Separate third-party licenses still apply.
9. Plans and included access
Standard monthly subscription prices are Solo at US $49 per month, Multi-Brand at US $99 per month, and Agency at US $249 per month, plus applicable taxes disclosed at checkout. The plan description and checkout identify included brands, seats, features, storage, usage limits, add-ons and any valid promotion. Not every feature is included in every plan. Additional purchases require their own disclosed price and authorization. Complimentary or internal owner access is granted individually and does not create a free-access entitlement for other users.
10. Seven-day trial and recurring payment authorization
An eligible new customer may begin a seven-day free trial after providing a valid payment method and expressly agreeing to the disclosed recurring billing terms. Checkout identifies your trial end date, first charge date, plan price and recurring schedule. Unless you cancel before the trial ends, your selected plan automatically becomes a paid monthly subscription and your payment method will be charged the disclosed price plus applicable taxes. Monthly charges then continue until you cancel. A trial does not include separately priced purchases unless expressly stated. A payment provider may temporarily authorize a card for verification; an authorization is not a subscription payment.
Trial eligibility is limited to one introductory trial per customer or business unless we expressly offer otherwise. Opening additional accounts does not create another trial entitlement. If you are ineligible, any immediate charge must be clearly disclosed before you agree; we will not silently convert a promised free trial to an immediate paid purchase.
11. Cancellation, access and failed payments
Cancel through the app’s Billing area and its billing portal. If you cannot access cancellation, email baileybatishevphoto@gmail.com before the next charge is due and identify your account; a timely cancellation request will be honored even if we process it later. Canceling during the free trial prevents the first subscription charge. Canceling a paid subscription stops the next renewal and preserves paid access through the end of the current paid billing cycle. It does not revoke paid access immediately or move your renewal to a calendar-month boundary. Uninstalling the app, disconnecting a social account or simply stopping use does not cancel billing.
The no-refund policy in Section 4 of the Product and Purchase Addendum applies. You remain responsible for authorized charges already incurred. If a payment fails, the payment provider may retry it and we may send billing notices. We may restrict access after the paid or trial entitlement ends if payment remains unresolved, and provide a way to update payment details. A failed future renewal does not by itself erase access already paid for. Cancellation is separate from account deletion; export content you wish to keep and contact support about deletion. We may suspend access earlier when reasonably necessary for fraud, unlawful use, a material breach or an urgent security threat.
12. Your content and private workspaces
You retain ownership of your original uploads and materials, including photographs, videos, logos, brand information, drafts, captions and client materials. You grant the Company a nonexclusive, worldwide, royalty-free license to store, copy, format, process, edit, render, transmit and display those materials only as needed to provide, secure and support the service, carry out your instructions and comply with law. We may permit service providers to do the same solely for those purposes. The license continues only while needed for those purposes, including lawful retention and the ordinary expiration of backups after deletion.
For private Your Content Suite uploads, brand briefs, AI conversations, client records and drafts, this limited license replaces the original Section 3 treatment of submissions as nonconfidential and its perpetual public-use license. Uploading private materials does not authorize us to use them in advertising, public examples or testimonials. We would need separate permission for that use. Content you intentionally publish or share is available to the audience or recipients you choose. Public testimonials or public community submissions you separately elect to provide remain subject to the applicable public-submission terms.
You must have all permissions needed for uploaded and published material, including client consent, model or property permissions, music and footage licenses, trademarks and personal data. Do not upload material you are forbidden to disclose. Rights in third-party templates, fonts, music, stock media and platform assets remain with their respective owners.
13. Agency clients, teams and approvals
Agency customers are responsible for their client relationships, service agreements, authorization to access accounts and lawful handling of client information. Invite only authorized people and choose their permissions carefully. Agency clients are not automatically contracting with the Company for the agency’s services, and the Company is not responsible for the agency’s fees, promises or deliverables.
You are responsible for assigning reviewers, obtaining required approvals and checking that the final version, brand, destination, schedule and audience are correct. An approval records a workflow decision; it is not legal review or a guarantee of platform acceptance. If you choose automatic publishing without a separate approval step, you authorize the app to act under those settings. Do not bypass a client approval requirement without authority. Changes after approval may require renewed client approval under your own agreement.
14. Planning, batching, scheduling and integrations
Where enabled for your plan and supported by the connected platform, Your Content Suite may provide one-off posts; weekly and monthly batches; grid and calendar views; posting-frequency settings; Stories, carousels, static posts and Reels; video editing; ideas, seasonal dates, value posts, captions, calls to action, trigger words, hashtags, audience and SEO suggestions; analytics; brand information; AI assistance; approval workflows; and template or media imports. These descriptions are not a promise that every feature, network, post type or integration is currently available.
Connections to Instagram, Facebook, X, Threads, LinkedIn, Canva, selected phone media or other providers depend on their permissions, technical support, account eligibility and approvals. Trial Reels, comment pinning, trigger-based responses and other platform-specific actions are available only where supported and authorized. Connecting an account permits the app to perform the actions you enable within the permissions granted. It does not guarantee permanent access to a platform feature. Separate third-party charges require their own terms and are not automatically included in your subscription.
Your Content Suite uses YouTube API Services for its YouTube connection. By using the YouTube features in Your Content Suite, you agree to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms. You choose the channel, approved video and available visibility settings. YouTube may restrict uploads from an unaudited app to private visibility until its review is complete. This does not mean that public publishing has been approved.
Check the selected timezone, dates, daylight-saving changes, batch contents and connected accounts before scheduling. Platform outages, expired permissions, rate limits, account restrictions, media requirements and failed jobs may delay or prevent publishing or analytics. Monitor job status and resolve failed items. We do not guarantee exact delivery times, reach, accuracy of third-party metrics or uninterrupted service. Disconnecting a provider stops future authorized access as technically available; it does not automatically remove content already published on that provider.
15. AI output, edits and imports
Review AI-generated or edited material for accuracy, tone, intellectual-property rights, privacy, accessibility and legal compliance before approving or publishing. AI may produce errors, unsupported claims, similar outputs for different users or material that is not eligible for exclusive intellectual-property protection. We do not guarantee originality or exclusive rights. As between you and the Company, we do not claim ownership of your original inputs or generated outputs, subject to rights in our software and third-party materials and any rights that actually exist under law.
Using a preferred Canva template does not transfer the template owner’s rights or bypass Canva licensing. A media import uses only the files or permissions you select or authorize; it does not grant a right to access another person’s albums or private account. Do not use another customer’s credentials or upload sensitive client material without authority. AI processing, when enabled, may require sending the submitted material to the selected AI service provider as described in the privacy addendum.
16. Availability, support and changes
The original availability, warranty, liability, indemnification and force-majeure provisions continue to apply, subject to mandatory law. A private beta may contain incomplete features and service interruptions. We do not promise that software will never fail, that recovery will always be immediate, or that every outside platform will approve our access. Keep independent copies of important source files and exports. Contact baileybatishevphoto@gmail.com for support, feedback, billing questions or recovery help; no particular response time is guaranteed unless separately agreed.
We will give required notice of material subscription changes and price changes before they take effect. Changes do not authorize retroactive charges or remove nonwaivable rights. Any material reduction to a paid commitment is subject to the applicable contract and law. Nothing on this page represents that an unavailable integration, affiliate payout feature or future resource is already operational.
YOUR CONTENT SUITE PRIVACY ADDENDUM
17. Relationship to the existing privacy policy
Sections 17 through 22 apply only to Your Content Suite and supplement the original Website Privacy Policy below. They control conflicting descriptions of the app’s data practices. The original policy continues to apply to the Company’s other websites and activities within its stated scope. Bailey Batishev Photography LLC is responsible for the app’s account and business records. For client information an agency uploads on a client’s behalf, the agency remains responsible for its lawful collection, instructions and required notices; the Company processes that workspace information to provide the service. If applicable law requires a separate data-processing agreement for your use, contact us before uploading that data.
18. Information collected and purposes
The app processes account and contact details, login and security information, organization and brand details, team and client roles, offers and brand instructions, selected uploads and media metadata, drafts, AI prompts and responses, edits, approvals, schedules, publishing outcomes, connected account identifiers and authorization credentials, available platform metrics, support messages, feedback, technical logs and device or network information. It also processes subscription and transaction identifiers, plan and trial status, referral information where used, and records of billing consent.
We use this information to authenticate users, maintain workspaces, provide requested features and integrations, process billing, track approvals and job outcomes, prevent abuse, diagnose failures, recover service, answer requests and meet legal obligations. A selected file may contain embedded location or other metadata. A phone-media feature does not mean the app continually tracks your precise location or reads your entire photo library without permission.
19. Providers and connected services
DigitalOcean supplies cloud computing and database hosting; Cloudflare R2 supplies object storage; Stripe processes payments and subscription billing; and Resend provides transactional email where configured. The app may also share necessary information with an AI provider, social network, design service, media source or other integration when that feature is enabled and you authorize its use. The integration’s permissions and privacy notice describe its independent practices. The original website’s references to Showit, WordPress, Google Analytics and Flodesk do not mean that all of those providers operate inside Your Content Suite.
Payment details are entered through Stripe’s payment interfaces. We receive billing status and transaction references rather than storing complete payment-card numbers or card security codes in the app. Providers may process information in the United States or other countries where they operate, subject to applicable requirements. We do not sell app personal information or grant a blanket license to use private workspace material for public advertising. This policy does not authorize using private customer uploads to train a public general-purpose AI model; any materially different use requires a separate disclosure and any required permission.
When you connect YouTube, the app accesses and stores your authorized channel identifier and name, granted permissions and encrypted authorization tokens, the video identifiers and delivery or processing information needed to verify uploads you request, and available view, like and comment counts for those videos. We use this information to identify your destination, upload the content you approve, confirm processing and show platform statistics. Your selected video and associated title, description and audience settings are sent to YouTube when you publish. Necessary data is processed by our cloud hosting and storage providers to operate those features; it is not sold or used to build advertising profiles. Google handles information under the Google Privacy Policy at https://policies.google.com/privacy. We do not receive or store your Google password.
20. Sharing, workspace visibility and cookies
Content is visible to people you authorize through workspace roles, client approvals, sharing or publishing. Administrators may control team access and workspace content. A recipient may retain a copy of information you deliberately share. Authorized support personnel and providers may access necessary information to deliver support, operate the service, investigate abuse or satisfy lawful obligations. The original policy’s lawful business-transfer and required-disclosure provisions continue to apply.
The app uses necessary session and security technologies, and may record consent and referral attribution when applicable. Such records can be linked to an account and should not be assumed anonymous. Nonessential analytics or marketing technologies, if introduced, will be disclosed and handled with consent or choices where required. Marketing opt-out does not stop essential account, security, billing or service messages.
21. Retention, deletion and recovery
We retain app information while needed to provide the service, fulfill the purposes described here, maintain security, resolve disputes and comply with legal recordkeeping duties. Canceling a subscription does not automatically delete the account. On an appropriate deletion request, we remove or deidentify eligible information from active systems, subject to legal and security exceptions. Copies may remain temporarily in protected backups until they expire in the ordinary backup cycle; retained backup copies are restricted to recovery and legitimate retention purposes. Financial, consent and audit records may need longer retention than ordinary content. This app-specific description qualifies any statement in the original privacy policy suggesting that account deletion immediately removes every record from every system.
Export important content before requesting deletion. Revoking a connection does not delete copies already delivered to a social platform, a client, a team member or another independent provider; their deletion procedures apply to those copies. Contact support for the current retention details relevant to your request.
For YouTube, cached statistics expire after 29 days without a successful refresh and are removed when you disconnect that connection in the app. You may also revoke Your Content Suite access through Google at https://security.google.com/settings/security/permissions. To request deletion of stored YouTube data, email baileybatishevphoto@gmail.com with your account email and the connected channel; do not send passwords or access tokens. We will verify your authority and process deletion of YouTube data as required by YouTube policy, within seven calendar days of a verified request. Other YouTube API data is subject to the applicable refresh and deletion limits, including deletion following revoked authorization. These YouTube-specific requirements control over a general retention exception above. Disconnecting or deleting data in this app does not delete videos already uploaded to YouTube; manage those videos in YouTube.
22. Security, rights and contact
We use access controls and other safeguards appropriate to the service, but no system can guarantee absolute security. The original privacy policy’s security and breach-notification commitment remains part of this page; this addendum does not remove it. Any additional notifications required by applicable law also apply. Report suspected security issues promptly to baileybatishevphoto@gmail.com.
You may request access, correction, deletion, a copy of your information or other applicable privacy rights using that email. We may need to verify your identity and authority over a workspace or client record. Mandatory privacy rights and deadlines are not restricted by these terms. Your Content Suite accounts are for adults, and the app is not directed to children. Do not upload children’s information without the lawful authority and permissions needed for your specific purpose. Contact us if you believe a child has created an account or information has been collected unlawfully.
EXISTING WEBSITE TERMS AND PRIVACY POLICY
The following existing sections are retained. Read them together with the specifically scoped addenda above.
WEBSITE TERMS OF USE
All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
1. General
Bailey Batishev Photography (“Company”, “we”, “us”, or “our”) is the owner and operator of this website, https://www.baileybatishev
photography.com, (the “Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to services available through the Site or from the Company.
Please read these Terms of Use carefully to understand our terms regarding your use of the site and services offered by Bailey Batishev Photography. If you do not agree with our terms, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms of Use.
It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.
These terms of use are effective as of December 1, 2022.
2. Intellectual Property Rights
This Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download one copy of a reasonable number of pages of the Website for your own personal, non- commercial use and not for further reproduction, publication or distribution.
● If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
3. User Contributions
The Website may contain testimonials, profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By submitting or posting any materials or content on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You represent and warrant that:
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
● All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
4. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Please note that we do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper working of the Website.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
● Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Copyright Infringement; Notice and Take Down Procedures
The Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Company will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following email address: baileybatishevphoto@gmail.com.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
● Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
12. Geographic Restrictions
The owner of the Website is based in the state of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
15. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
16. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon the User and their respective heirs, legal personal representatives, successors and assigns.
18. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
19. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
20. Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to baileybatishevphoto@gmail.com.
WEBSITE PRIVACY POLICY
Your privacy is very important to us.
Our Privacy Policy spells out our commitment to respecting the privacy of visitors to our site. We are very careful with what we do with your information.
This website, https://www.baileybatishev
photography.com, (“Website”) is owned and operated by Bailey Batishev Photography (“Company,” “we”, “our”). By accessing or using this Website, you agree to this Privacy Policy.
If you do not agree with our policies and practices, your choice is not to use our Website.
This Privacy Policy describes how we collect and use the personal information you provide to us
on our Website. It also applies to information we collect on this Website, as well as in email, text, and other electronic messages between you and this Website. It does not apply to information collected by us offline or through any other means, including on any other
website operated by Company or any third party.
We may update this Privacy Policy to reflect changes to our information practices. If we make
any material changes, we will notify you by email or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this policy for the latest information on our privacy practices.
1. Collection and Use of Personal Information
We collect personal information from you to provide a customized experience on our website.
To opt out of data collection, contact us at baileybatishevphoto@gmail.com.
Browsing
To ensure proper use of the Website, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system.
To ensure proper use of the Website, we collect the following personal information from you:
· IP address
· Time and date of visit
· Browser and operating system information
· Referring/exit pages
We may log this information for system administration, order verification, internal marketing, and system troubleshooting purposes.
We may also use this information:
• To present our Website and its contents to you
• To provide you with information, products, or services
• To fulfill any other purpose for which you provide it
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
• To notify you about changes to our Website
The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
Orders
To process your orders, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
· Billing Information such as credit card number and billing address
· Preferences Information such as order history and email marketing preferences
The data provided in the order form will be stored in the database until the expiration of the limitation period for claims under the concluded contract. Each order is recorded in the database as a separate item.
Payment for the order is made via Stripe. The data collection for payment is done entirely via a third-party service.
Servers
To provide use of the Website via the server on which the Website is hosted, we collect the following personal information from you:
· IP address
· Server date and time
· Browser and operating system information
This data is stored on the server until the expiration of the limitation period for claims under the concluded contract. This data is not used by the Company to identify anyone.
User Accounts
To provide a user account, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
The data provided in the account form will be stored in the database until the expiration of the limitation period for claims under the concluded contract. You can modify data included in your account at any time using the options available after logging in to your account. You can delete your account at any time, which will also result in the removal of your personal data from the database.
Contact Forms
To fulfill your contact form requests, we collect the personal information contained in the contact form. The data provided in the account form will be stored in the database until the expiration of the limitation period for claims under the concluded contract.
2. Mobile Services
We may also collect non-personal information from your mobile device if you access the Website from your phone. Examples of information that may be collected and used include your geographic location, how you use the mobile site, and type of device. The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
3. Email Communications
We may use your email to deliver our daily newsletter, as well as for other promotional purposes.
Email messages we send you may contain code that enables our database to track your usage of the emails, including whether the email was opened and what links (if any) were clicked. The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at baileybatishevphoto@gmail.com.
You acknowledge that it may take up to 10 days for us to process an opt-out request.
Please note that you cannot opt out of receiving transactional emails related to your account with us.
4. Cookies and Other Tracking Technologies
We use cookies to ensure proper functionality of the website and for the following purposes:
Keeping track of your preferences
Operation of the cart and the ordering process
Providing a user account
Recording the acceptance of the Terms of Use
Providing support
Tracking website statistics, such as number of visitors, type of operating system and web browser used, time spent on the website, visited subpages, etc.
Cookies may also be linked to affiliate links and when you purchase something from an affiliate link it is at no additional cost to you, but a small commission may be paid.
The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
For this purpose, we may use a third-party website. The use of third-party services involves the implementation of the tracking code provided by the third-party service into our website’s code. This code is based on cookies but may also use other tracking technologies. In this regard, collected information is completely anonymous and does not allow your identification.
You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website.
5. Information Sharing
We will share your personal information with third parties only in the ways that are described in this privacy statement.
We do not sell your personal information to third parties and we do not authorize the collection of our visitors' personally identifiable information by any third parties for the third parties' use.
We may also disclose your personal information:
• To our subsidiaries and affiliates
• To contractors, service providers, and other third parties we use to support our business
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred
• To fulfill the purpose for which you provide it
• For any other purpose disclosed by us when you provide the information
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others
6. Personal Data
The Administrator of your personal data is Bailey Batishev Photography LLC.
You have the following rights concerning our processing of your personal data:
The right to request access to your personal data as well as its rectification, removal or restriction of processing
The right to object to the processing
The right to transfer data
The right to withdraw consent for the processing of personal data for a specific purpose
The right to bring a complaint to the supervisory authority in connection with the processing of personal data
We may refuse to exercise certain rights from those indicated above in a situation where the implementation of a given right would be in conflict with the legitimate purpose of the data we process. For example, we may refuse to delete personal data specified in your order until the expiration of the limitation period for claims under the concluded contract.
We entrust the processing of personal data to the following entities:
SHOWIT/WORDPRESS – in order to operate the website.
GOOGLE ANALYTICS – to process website analytics
FLODESK – in order to provide an email newsletter
STRIPE – in order to process payments
In connection with the use of these third-party entities, personal data may be transferred to another country.
7. Security
We follow generally accepted industry standards to protect the personal information submitted to
us, both during transmission and once we receive it. However, no method of transmission over
the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its
absolute security. In the event of a data breach, you will be notified within 72 hours.
8. A Note About Children
We do not intentionally gather personal information from visitors under the age of 13.
If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at baileybatishevphoto@gmail.com.
9. Contact Information
You can contact us about this Privacy Policy by emailing us at baileybatishevphoto@gmail.com