These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between:

Company Name: Elyse Clark Photography
EIN: 46-4791087

Principal Office: 128 White Cap Lane, Newport Beach, CA 92657
(hereinafter referred to the “Company” or “Elyse Clark Photography” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of www.elyseclark.com/ (hereinafter referred to as the “Website” or “Site”).

Elyse Clark Photography is an online store where you can shop for Elyse Clark’s photos and art. (Hereinafter referred to as the “Product(s)”)

Please read these Terms carefully, as these, along with our Shipment Policy, Refund Policy, Cookie Policy and Privacy Policy statement forms the entire agreement between you and Elyse Clark Photography. If you do not accept these Terms in its entirety, then you may not use the Site or make purchases on it.

Additionally, whenever you make a purchase on our website, the same is governed by our Shipment Policy, and Refund Policy, and how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms & Conditions shall be read in conjunction with our Shipment Policy, Refund Policy, Cookie Policy and Privacy Policy statement.

1. Acceptance of the Terms & Conditions

By accessing or using or registering on our website in any way, or by placing an order for any of our photos or arts or Products, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.

2. You are of sound mind and at least the age of majority as per the laws of the jurisdiction in which you reside in order to form a binding contract with us. In case, you are below the age of majority, then you must have the express permission of your parent/guardian to place orders on Elyse Clark Photography who must have first read and consented to these Terms and our other policies.

3. We must not have previously disabled your account for violation of law or any of our policies.

4. You have read, understood and consented to our Shipment Policy, Refund Policy, Cookie

   Policy, as well as our Privacy Policy statement.

2. ACCOUNTS, PASSWORDS AND SECURITY

   1. a)  Account Registration: To access various parts of the Site, and to make purchases on Elyse Clark

      Photography, you might be required to register and create an account on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself and your order. As part of the registration process, you will create a password and an account.

   2. b)  Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

   3. c)  Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.

3. Use of the Site and Products

i. Allowed uses:

1. a)  Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site, or while place an order for the Products.

2. b)  License: Whenever you make a purchase of any of our art or photos, you merely receive a limited non-exclusive license from us to use such photos or art for your personal and non-commercial use. We shall at all time remain the owner of the photo and/or art that you purchase. We are not transferring or assigning any ownership in your favour. You are expressly prohibited from sharing or distributing our art or photos in any manner whatsoever without our express written permission. If you are found to be violating this section, we will take appropriate legal action as per applicable law.

3. c)  Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All this collected information will be dealt in accordance with our Privacy Policy statement.

4. d)  Notify us: You must notify us immediately of any breach of security or any unauthorized use/ access of your user account.

5. e)  Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, art, photo, sound material, published on the website, whether a copyright of Elyse Clark Photography, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or art or photo or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii. Restricted uses:

a) You must not use our art or photos or our copyright or trademark in connection with any obscene, defamatory, violent, immoral, or illegal purposes. Whenever you make a purchase of any of our art or photos, you merely receive a limited non-

exclusive license from us to use such photos or art for your personal and non-

commercial use.

2. b)  You can’t impersonate others, create duplicate accounts, or provide inaccurate

   information.

3. c)  You cannot use our Site or purchase our Products or art or photos for the purpose

   of resale;

4. d)  You cannot breach or circumvent or attempt to break or circumvent our

   authentication and security processes and measures of our systems or networks.

5. e)  You must not misuse or interfere with the website or try to access them using a method other than the interface and the instructions that we provide. You may use the website and our Products only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse

   the Products, or any portion thereof, for any commercial purpose.

6. f)  You must not:

   • republish material (including our arts and photos) from this website;

   • sell, rent or sub-license material from the website;

   • show any material from the website in public without our consent;

   • edit or otherwise modify any material on the website (other than editing

     your own information as per the method provided);

   • reproduce, duplicate, copy or otherwise exploit material on our website

     for a commercial purpose; or

   • redistribute material from the website, except for content specifically and

     expressly made available for redistribution with our written consent and

     according to our terms;

   • infringe or violate our Intellectual Property Rights or Intellectual

     Property Rights of our licensors or any third party;

   • We reserve the right to restrict your access to any areas of our website,

     or indeed our whole website, at our discretion.

7. g)  You must not use our website in any way that causes, or may cause, damage to

   the website or impairment of the availability or accessibility of the website; or in

any way which is unlawful, illegal, fraudulent or harmful, or in connection with

any unlawful, illegal, fraudulent or harmful purpose or activity.

8. h)  You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer

   software.

9. i)  You must not conduct any systematic or automated data collection activities

   (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the website or our products, at our sole discretion.

4. Ownership Rights

   This Website, all of our Products, arts, photos, logos, content, designs, trademarks, trade dress, trade name, shall remain the sole property of the Elyse Clark Photography or its licensors (as the case may be). Your use of or access to this website or purchase of the Products (art or photos) shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, Products, any content published by us or our licensors or third parties. This Website, Products, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Artwork, photos, trademarks, trade names and designs appearing on this website are the exclusive property of, or are licensed to the Elyse Clark Photography and are protected. No use of a trademark, trade dress, trade name or design appearing on this website, or our Products or artwork or photos may be made without the prior written permission of the Elyse Clark Photography.

5. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website.

6. Links to Third-party Sites

   The website might contain links to third-party websites and services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Elyse Clark Photography, and Elyse Clark Photography is not responsible for any third-party links. Elyse Clark Photography provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Elyse Clark Photography shall not be responsible.

7. Orders, Payments and Taxes

   All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our products, or discontinue certain artwork or photos at any time at our sole discretion without any prior notice. For details in respect of returns or exchanges or refunds, please refer to our Refund Policy posted on the Site.

8. Disclaimer

a) The site, and all its products are provided on an “as-is” and “as available” basis, and Elyse Clark Photography (and our designers, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all

warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our licensors and affiliates) make no warranty that the Site or Products will meet your requirements or likeness, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, or reliable.

2. b)  Elyse Clark Photography does not warrant that the website: (i) will work timely, error-free, deficient-free or uninterrupted, or that Elyse Clark Photography will correct all or any errors, deficiencies or defects, in any or all events; and that the website or our photos or artwork or products (ii) will meet your requirements, specifications or expectations.

3. c)  Deliveries may be subject to limitations, delays, and other problems inherent in the use of such communications or delivery facilities. Consequently, we are not responsible for any delays, delivery failures, or other damages as a result.

9. Limitation of Liability

1. a)  To the maximum extent permitted by law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the Site, even if Elyse Clark Photography has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage whatsoever.

2. b)  To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your order in question. The existence of more than one claim will not enlarge this limit.

10. Legal Action
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Elyse Clark or Elyse Clark Photography, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.

11. Indemnity

You acknowledge to defend, indemnify and hold Elyse Clark, Elyse Clark Photography, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Advocate/Attorney’ fees, made by a third party, relating to, or arising from:

1. a)  Your violation of ours or any third-party right;

2. b)  Your wrongful or improper use of our artwork, photos, products or Site;

3. c)  Your violation of any applicable laws, rules or regulations;

4. d)  Your violation of these Terms or any other policy of ours as associated with our services;

5. e)  The indemnifications set forth above will survive the termination or expiration of these

   Terms and/or your use of our products.

12. Governing Law and Dispute Resolution

1. Governing Law: The Terms and any dispute arising from the same will be governed by

   applicable laws of State of California (USA).

2. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing

   which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate court located in Newport Beach, California.

13. Notices

When you use the website or send emails to Elyse Clark Photography, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Elyse Clark Photography will communicate with you by post or by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address and/or by posting it to your address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to hello@elyseclark.com.

14. Miscellaneous

1. Independent Legal Advice: It is your obligation to obtain independent legal advice at your

   own expense to ensure you understand the provisions of these Terms.

2. Headings: The section headings are for convenience only and shall not control or affect the

   meaning or construction of any provision of these Terms.

3. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve

   the right to suspend your access to our Site, at our sole discretion.

4. Severability: If any provision of these Terms is held to be unenforceable or invalid, such

   provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

5. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.

6. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.

7. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.

8. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Elyse Clark Photography, which may be withheld at Elyse Clark Photography’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.

9. Entire Agreement: The Terms, Shipment Policy, Refund Policy, Cookie Policy our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Elyse Clark Photography and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or

written) regarding the subject matter, and may not be amended or modified except in writing or

by making such amendments or modifications available on our website.

10. Force Majeure: Elyse Clark Photography and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar

    restrictions.

11. Updates to these Terms: We may add to or change or update these Terms at any time, from

    time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.

15. Nodal Officer and Grievance Officer

In the event you have any grievance regarding anything related to these Terms, Refund Policy, Shipment Policy, Privacy Policy, or our Products, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:

• Name: Elyse Clark

• Email: hello@elyseclark.com

• Postal: 128 White Cap Lane Newport Beach, CA 92657

  16. Feedback and Information

  We welcome your questions or comments regarding the Terms. You can write to us via email: hello@elyseclark.com.

  Last updated on September 09, 2022.