Policies

Policies

1. Terms and Conditions
2. Privacy Policy
3. Refund Policy

Terms and Conditions

Agreement between user and www.capitalboudoir.com

Welcome to www.capitalboudoir.com. The www.capitalboudoir.com website (the "Site") is comprised of various web pages operated by Porter & Associates, LLC DBA Capital Boudoir ("Capital Boudoir"). www.capitalboudoir.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.capitalboudoir.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.capitalboudoir.com is a Photography Site

Capital Boudoir offers boudoir photography services to clients in the Washington D.C. metropolitan region.

Privacy

Your use of www.capitalboudoir.com is subject to Capital Boudoir's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.capitalboudoir.com or sending emails to Capital Boudoir constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Capital Boudoir is not responsible for third party access to your account that results from theft or misappropriation of your account. Capital Boudoir and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Capital Boudoir does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use www.capitalboudoir.com only with permission of a parent or guardian.

Cancellation and Postponement Policy

7 day cancellation notice required. 24 hour postponement notice required for emergencies. If Client should cancel the event for any reason, the retainer will not be refunded. If canceling this contract Client must notify Photographer in writing. To consider a date change, Photographer must first receive a written release of the current contracted date and time, which will null and void this written contract. If Client needs to change the event date, all monies paid will transfer to the new date per a newly written and signed contract if that date is available for Photographer. The new date must be within three months of the original date or the new contract will be subject to Photographer’s current rates. If the new date is unavailable with Photographer, the contract will be cancelled and the retainer will not be refunded.

Links to third party sites/Third party services

www.capitalboudoir.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Capital Boudoir and Capital Boudoir is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Capital Boudoir is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capital Boudoir of the site or any association with its operators.

Certain services made available via www.capitalboudoir.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.capitalboudoir.com domain, you hereby acknowledge and consent that Capital Boudoir may share such information and data with any third party with whom Capital Boudoir has a contractual relationship to provide the requested product, service or functionality on behalf of www.capitalboudoir.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.capitalboudoir.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Capital Boudoir that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Capital Boudoir or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Capital Boudoir content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Capital Boudoir and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Capital Boudoir or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain comment boards, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Capital Boudoir has no obligation to monitor the Communication Services. However, Capital Boudoir reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Capital Boudoir reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Capital Boudoir reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Capital Boudoir's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Capital Boudoir does not control or endorse the content, messages or information found in any Communication Service and, therefore, Capital Boudoir specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Capital Boudoir spokespersons, and their views do not necessarily reflect those of Capital Boudoir.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.capitalboudoir.com or posted on any Capital Boudoir web page

Capital Boudoir does not claim ownership of the materials you provide to www.capitalboudoir.com (including feedback and suggestions) or post, upload, input or submit to any Capital Boudoir Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Capital Boudoir, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Capital Boudoir is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Capital Boudoir's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Capital Boudoir account to third party accounts. By connecting your Capital Boudoir account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Capital Boudoir from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Capital Boudoir Content accessed through www.capitalboudoir.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Capital Boudoir, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Capital Boudoir reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Capital Boudoir in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PORTER & ASSOCIATES, LLC DBA CAPITAL BOUDOIR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PORTER & ASSOCIATES, LLC DBA CAPITAL BOUDOIR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PORTER & ASSOCIATES, LLC DBA CAPITAL BOUDOIR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PORTER & ASSOCIATES, LLC DBA CAPITAL BOUDOIR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PORTER & ASSOCIATES, LLC DBA CAPITAL BOUDOIR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Capital Boudoir reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capital Boudoir as a result of this agreement or use of the Site. Capital Boudoir's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Capital Boudoir's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Capital Boudoir with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capital Boudoir with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capital Boudoir with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Capital Boudoir reserves the right, in its sole discretion, to change the Terms under which www.capitalboudoir.com is offered. The most current version of the Terms will supersede all previous versions. Capital Boudoir encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Capital Boudoir welcomes your questions or comments regarding the Terms:

Porter & Associates, LLC DBA Capital Boudoir 

Email Address:

admin@capitalboudoir.com

Telephone number:

202-543-7401

Effective as of February 13, 2012

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to www.capitalboudoir.com and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to PORTER & ASSOCIATES, LLC DBA Capital Boudoir include www.capitalboudoir.com and Capital Boudoir. The Capital Boudoir website is a photography services site. By using the Capital Boudoir website, you consent to the data practices described in this statement.

Collection of your Personal Information

Capital Boudoir may collect personally identifiable information, such as your name. If you purchase Capital Boudoir's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Capital Boudoir. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Capital Boudoir website.

Capital Boudoir encourages you to review the privacy statements of websites you choose to link to from Capital Boudoir so that you can understand how those websites collect, use and share your information. Capital Boudoir is not responsible for the privacy statements or other content on websites outside of the Capital Boudoir website.

Use of your Personal Information

Capital Boudoir collects and uses your personal information to operate its website(s) and deliver the services you have requested.Capital Boudoir may also use your personally identifiable information to inform you of other products or services available from Capital Boudoir and its affiliates. Capital Boudoir may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.Capital Boudoir does not sell, rent or lease its customer lists to third parties.Capital Boudoir may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Capital Boudoir may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Capital Boudoir, and they are required to maintain the confidentiality of your information. Capital Boudoir will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Capital Boudoir or the site; (b) protect and defend the rights or property of Capital Boudoir; and, (c) act under exigent circumstances to protect the personal safety of users of Capital Boudoir, or the public.

Security of your Personal Information

Capital Boudoir secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. Digital images are stored in a secure environment and deleted 45 days from the date of creation.

Children Under Eighteen

Capital Boudoir does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Capital Boudoir by contacting us here:

• Web page: www.capitalboudoir.com/contact
• Email: admin@capitalboudoir.com
• Phone: 202-543-7401

Changes to this Statement

Capital Boudoir will occasionally update this Statement of Privacy to reflect company and customer feedback. Capital Boudoir encourages you to periodically review this Statement to be informed of how Capital Boudoir is protecting your information.

Contact Information

Capital Boudoir welcomes your questions or comments regarding this Statement of Privacy. If you believe that Capital Boudoir has not adhered to this Statement, please contact Capital Boudoir at:
Porter & Associates, LLC DBA Capital Boudoir

Email Address:

admin@capitalboudoir.com

Telephone number:

202-543-7401

Effective as of February 13, 2012

Refund Policy

Capital Boudoir offers non-tangible service, which we do not issue refunds once the service has been provided. As a customer you are responsible for understanding this upon commissioning our service. Customers are required to provide 24 hours notice of service cancellation or forfeit retainers or monies paid for photography service.

We will honor refund requests for the following reasons:

• Non-delivery of tangible items such as prints, albums, photo disc, etc: due to failures of Federal Express(FedEx), United Parcel Service(UPS), or United States Postal Service(USPS). In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to admin@capitalboudoir.com in writing within 7 days of estimated arrival date passing.
• Download and unzipping issues: In the instance issues arise from downloading or unzipping digital images delivered via email, refunds may be issued. Claims regarding such issues must be submitted to admin@capitalboudoir.com within 24 hours of receipt. Failure to contact Capital Boudoir within 72 hours signifies you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a "download issue" reason. Failure to receive assistance for downloading or unzipping within 72 hours may result in a refund decline;
• Major defects: although all the products undergo quality control inspection before release, unexpected defects may exist or occur. Such issues must be submitted in writing to admin@capitalboudoir for investigation. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer's choice, replacement of the product of the same or around the same value can be offered; Refusal to return products for inspection and rectification will result in your inability to qualify for a refund.
• Product not-as-described: such issues should be reported within 7 days from the date of the receipt. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer's false expectations or wishes are not honored. Sample products are available for evaluation purpose during photography session.

Contact Us

Capital Boudoir welcomes your questions or comments regarding the Terms:

Porter & Associates, LLC DBA Capital Boudoir

Email Address:

admin@capitalboudoir.com

Telephone number:

202-543-7401

Effective as of February 13, 2012