Please read carefully. All content and photographs in this website are All Rights Reserved. Violators will be prosecuted.
The Site https://marcelamacias.com and Service provided by Marcela Macias Photography contain intellectual property owned by Marcela Macias Photography and its owner, Claudia Marcela Macias, including trademarks, copyrights, proprietary information, and other intellectual property. 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 or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy and to prosecute you.
TERMS AND CONDITIONS
OVERVIEW The terms “we,” “us,” and “our” refer to Marcela Macias Photography, including its blog. The term the “Site” refers to https://marcelamacias.com The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The “Service” refers to custom food and photographic services, photographic licenses, online courses and blog posts. Use of https://marcelamacias.com, including all materials presented herein and all online services provided by MARCELA MACIAS PHOTOGRAPHY, is subject to the following Terms and Conditions.
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to the photographic and educational services provided and other information are subject to change. Marcela Macias Photography makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Marcela Macias Photography disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Marcela Macias Photography will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial 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.
REFUSAL OF SERVICE The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
PRODUCT DESCRIPTION We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS We claim no intellectual property rights over the material you supply to Marcela Macias Photography . You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Marcela Macias Photography remains yours to the extent that you have any legal claims therein. You agree to hold Marcela Macias Photography harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY The Site and Service contain intellectual property owned by Marcela Macias Photography and its owner, Claudia Marcela Macias, including trademarks, copyrights, proprietary information, and other intellectual property. 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 or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY,MARCELA MACIAS PHOTOGRAPHY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MARCELA MACIAS PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MARCELA MACIAS PHOTOGRAPHY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MARCELA MACIAS PHOTOGRAPHY, AND IF NO PURCHASE HAS BEEN MADE BY YOU MARCELA MACIAS PHOTOGRAPHY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES The Site and the Service 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 Marcela Macias Photography . You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION 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, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. 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.
EFFECT OF HEADINGS The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER This Agreement constitutes the entire agreement between you and Marcela Macias Photography pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Marcela Macias Photography shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Marcela Macias Photography .
NOTICES All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: MARCELA MACIAS PHOTOGRAPHY at firstname.lastname@example.org
GOVERNING LAW; VENUE; MEDIATION This Agreement shall be construed in accordance with, and governed by, the laws of Cyprus as applied to contracts that are executed and performed entirely in Cyprus. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Nicosia/Lefkosia, Cyprus. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. 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.
RECOVERY OF LITIGATION EXPENSES If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
- name and email adresses of persons who subscribe to our free newsletter
- name and email adresses of persons who leave a comment on the blog, where such information is provided
- name and email address of persons who purchase one of the products offered in this Site
- name, email and personal information provided by you when answering a survey.
The information you provide is used to send periodic emails, process transactions, administer giveaways and, overall, improve the service we provide. We may share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors (for example, newsletter providers, survey administrators, etc). These trusted third parties agree to keep this information confidential. Your personal information will never be shared, exchanged, or transferred with unrelated third parties. You personal information will never, ever, ever be sold.
ACTIVITY We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site. This site collects this information with google analytics, and we also use a Facebook pixel.
COOKIES We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. We use Google analytics and Facebook pixels to record statistical date about usage of our site, as well as SumoMe’s average read and heat maps plugin. These allow us to bring you content that may be of interest to you, and improve our web usability.
SECURITY We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure, and the Site is protected by Sucuri from malware and hacking attacks. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. In addition, please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example when commenting on this Site’s blog– that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
UPDATING YOUR INFORMATION You may access and correct your personal information and privacy preferences by contacting us via email at email@example.com
If you are not 100% satisfied with the test shot, I’ll refund the advance, at your request, and we part ways with no hurt feelings.
Once you’ve approved the test shot and the styling has been set, no refunds are possible. I will, however, be available to work with you for adapting the shots to your liking in post-processing.
BLOG DISCLAIMER Thanks for visiting! My blog is a resource guide for educational and informational purposes only for anyone who likes to read my stories. To write my articles, I use my experiences, the experiences of others and various other resources including but not limited to the wild wild web, the Encyclopedia Britannica (what? you didn’t buy the extended library collection of 1989?) and/or the teachings of Buddha (Kidding. But maybe not.) That said, my advice doesn’t come with any guarantees. It is definitely not a substitute for working with a professional in any of the areas that I write about . By visiting this site, you’re essentially signing a contract that says that you understand that I make no guarantees, and you won’t try to sue me or report me to whoever it is you may report me. Because that would be awkward. And so not nice!
PRODUCT DESCRIPTIONS I love my products, and I hope you do, too. That said, sometimes I might slip up, and sometimes, errors happen. Things like pricing or merchandise descriptions get mixed up, and then I look bad. While that stinks, what’s most important to me is that you’re happy. So while I can’t guarantee that all information on the site is always 100% accurate at any given time, if you do notice a mistake? Please don’t hesitate to contact me and let me know. I may not be able to guarantee that my products will be what you want them to be, but I can guarantee that I’ll go out of my way to give you the best customer service I can to remedy the situation
I sometimes include affiliate links in my blog posts and material. This means that if you purchase something from them, I get a small commission. This is a business page, and for this reason you should assume that all links are affiliate links. That being said, I want to make clear that:
1- The reason I am an affiliate of some programs is that, after careful consideration and lots of internal work, I have come the deeply personal conclusion that the commission payment is an exchange of energy and accepting it signals willingness to receive, from my part. I see myself as a channel of wealth: money that comes to me, then goes out to help others every time I spend it. You may not agree with this view, which is why I have the following additional policies in place for myself and my business (please keep reading).
2- I only recommend products I have personally tried and loved, and that I believe may be useful and good for you (or at least for some of you).
3-When recommending a product I always explain why and how it worked for me. Just saying it’s great is not enough, I want you to know why and how it changed me so that you can see whether it is the right product for you or not.
4- It is entirely your decision whether to support my business in this way or not, and you are free to do either according to your own set of values. If you’d rather not support my business in this way, feel free to google the information I provide you (all resources I recommend are good ones.
One thing I have discovered during my time as an entrepreneur is that this is a deeply personal journey. With every decision we make a statement about who we are, who we want to be and what kind of world we want to live in. I want to live in a World where we welcome all sources of prosperity and abundance, for as long as these sources hold sacred respect to all sentient beings. I want to live in a world where we can trust each other’s word because we know that our words are always used in an honorable way. I want to live in a world where we have contracts to regulate our relationships, where we sign contracts and write legal terms not out of fear but out of assertiveness about who we are, what we value and what can be expected when interacting with us. I call this” ayurvedic law”, because I have always seen the law as an instrument for the prevention of conflict. I believe my policy is coherent with this vision of the future.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: MARCELA MACIAS PHOTOGRAPHY at firstname.lastname@example.org
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(hint: it’s not what’s popular on instagram)