Last Updated 2023
vongueart.com (the “Site”) is operated by Vongue Art Photography. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site and our voluntary email list. By using the vongueart.com, you agree to the collection and use of information in accordance with this policy.
II. Information Collection
While visiting vongueart.com you may be asked to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address, mailing address, phone number, and credit card information (“Personal Information”). Personal Information may be collected from users in a variety of ways, including, but not limited to, when users visit the Site, register on the Site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources made available on vongueart.com. Users may, however, also visit vongueart.com anonymously as Personal Information will only be collected from users if they voluntarily submit such information. Users can always refuse to supply Personal Information, except that it may prevent them from engaging in certain Site-related activities.
II. Information Collection Cont.
Like many site operators, we collect information that your browser sends whenever you visit our Site, such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze this data.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information. Vongue Art Photography operates an email list used to inform subscribers about information relevant to the Site as well as products and services supplied by Vongue Art Photography. Users of this Site can subscribe through an online automated process at their own discretion should they wish to do so. All personal details relating to email subscriptions are held securely. No personal details are passed on to third parties nor shared with companies or people outside of Vongue Art Photography. You may request a copy of personal information held about you by the Vongue Art Photography email newsletter program by emailing such a request to email@example.com. A small fee may be payable. Email marketing campaigns published by this Site or Vongue Art Photography may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation.
Such tracked activity may include but are not limited to; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity. In compliance with applicable laws, subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable, clear instructions on how to un-subscribe will be detailed instead.
IV. Third Party Websites and External Links
Although vongueart.com only looks to include quality, safe and relevant external links, users are advised to be cautious before clicking any external web links mentioned throughout this Site. The owners of vongueart.com cannot guarantee or verify the contents of any externally linked website. Users should therefore note they click on external links at their own risk and vongueart.com and Vongue Art Photography cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Communication, engagement and actions made on external social media platforms that Vongue Art Photography may participate on are made pursuant to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Be advised that Vongue Art Photography will never ask for your personal or sensitive information through a social media platform. vongueart.com may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, vongueart.com uses “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of this Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, Vongue Art Photography and vongueart.com cannot guarantee its absolute security.
IX. Contact Us
Terms and Conditions of Use
By using vongueart.com, also referred to as the “Website” or the “Site”, all visitors, referred to as “User”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Vongue Art Photography. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
II. Use of the Site
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
III. Intellectual Property
Unless otherwise stated, the copyright of all articles, blogs, information, and materials found on vongueart.com belongs solely to Vongue Art Photography.
You may not reproduce or redistribute the articles, blogs, information, and materials found on vongueart.com without the express written permission of Vongue Art Photography. Furthermore, the Site contains intellectual property owned by Vongue Art Photography, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Vongue Art Portrait / Vongue Art Photography name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. 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 any of the Site content or intellectual property, in whole or in part without our prior written consent.
vongueart.com may offer goods or services (“product”) for sale on behalf of Vongue Art Photography. By placing an order through vongueart.com you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability. Delivery times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which Vongue Art Photography will not be responsible. In order to contract with Vongue Art Photography through vongueart.com you must be over 18 years of age and possess either an account with Paypal or a valid credit or debit card issued by a bank acceptable to us, Venmo, Stripe + Axia. Vongue Art Photography and vongueart.com retain the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal account, Venom account, or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s). All prices advertised are subject to such changes. Prior to placing any order you will be asked to accept these terms and conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment. While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE. Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
V. Limitation of Liability
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, Vongue Art Photography can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of vongueart.com or your relationship with Vongue Art Photography. The foregoing applies even if Vongue Art Photography was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.
VI. Third Party Resources
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Vongue Art Photography or vongueart.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
VIII. Governing Law
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of Ontario, Canada as applied to contracts that are executed and performed entirely in Ontario, Canada. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Ontario, Canada. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The owners and operators of vongueart.com may revise these Terms and Conditions from time to time so please check back regularly to ensure you are familiar with the current version.
If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
XI. Entire Agreement