EFFECTIVE DATE: June 27, 2023
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH CHELSEAJOLEARY.COM OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Chelsea J. O’Leary (“Chelsea O’Leary”) provides this website, www.chelseajoleary.com (“Website”) and the related services (“Services”) to You the user, as an individual only (“User,” “You,” or “Your”). As a condition of Your use of the Services, You, the User, agree to these Terms of Use (“Agreement”) without limitation or qualification along with the www.chelseajoleary.com Privacy Policy, which is hereby incorporated into this Agreement by reference. Should You not agree to the terms of this Agreement, please do not use this Website or the related Services or any of its content.
Chelsea J. O’Leary may amend this Agreement from time to time by posting new Terms of Use to the Website. Users are required to check this Agreement for updates periodically and Chelsea J. O’Leary has no obligation to inform Users of any amendments to the Agreement. Any use by a User of the Website or Services after the new Terms of Use are posted shall be deemed to constitute an agreement by User to the amended Agreement.
1.Services. The Website shall also provide Users with the ability to purchase photographic prints and images as updated on the Website from time to time (“Prints”).
2. Availability of Prints. The availability of Prints may change from time to time and Chelsea J. O’Leary does not guarantee that any Prints will be available or remain available on the Website or through the Services. Chelsea J. O’Leary reserves the right to modify or remove Prints without notice for any reason.
3. No Refunds. All purchases of Prints are final and not subject to refund.
4. Electronic Communications. When You send e-mails to Chelsea O’Leary or visit the Website, You are communicating with Chelsea J. O’Leary electronically. By sending emails to Chelsea J. O’Leary, You agree that Chelsea J. O’Leary may send e-mails to You, and You consent to receive e-mails or other electronic communications from Chelsea O’Leary.
5. Term. This Agreement shall remain in full force and effect while You are using the Website or Services.
6. Ownership of Website and Prints. You acknowledge that all the intellectual property rights in and to the Website, Services, and Prints are owned by Chelsea J. O’Leary or its third-party licensors. You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website, Services, or related Prints, or the Website content underlying text, software, graphics, photos, sounds, music, videos, or interactive features; (b) rent, lease, loan, or sell access to the Services or Prints; and (c) use the Prints in conjunction with any commercial business.
7. Grant of License. Chelsea J. O’Leary grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to use the Prints solely for personal, noncommercial purposes as permitted by this Agreement. This license to You will automatically terminate if You violate this Agreement.
8. Violation of this Agreement and Refusal of Service. Any use of the Website, Services, or Prints in violation of this Agreement may result in, among other consequences, termination or suspension of Your rights to use the Services and Prints, and Chelsea J. O’Leary may disclose information about Your use of the Services in accordance with the www.chelseajoleary.com Privacy Policy. Chelsea J. O’Leary reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so.
9. Lawful Use. You will use the Website, Services, and Prints in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes.
10. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE, SERVICES, AND PRINTS IS AT YOUR SOLE RISK. THE SERVICES AND PRINTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. CHELSEA J. O’LEARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHELSEA J. O’LEARY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. YOU AGREE THAT THIS WEBSITE, CHELSEA O’LEARY, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES OR PRINTS.
12. Indemnification. You agree to indemnify and hold harmless this Website, Chelsea O’Leary, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services or Prints in violation of another party’s rights, in violation of any law, in violation of any provisions of this Agreement, or any other claim related to Your use of the Services.
13. Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Davidson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Chelsea O’Leary. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
14. Attorneys’ Fees. In the event that Chelsea J. O’Leary must bring legal action in order to enforce this Agreement, or You bring legal action against Chelsea O’Leary, and if Chelsea J. O’Leary prevails, You shall pay Chelsea O’Leary’ costs of litigation, including reasonable attorneys’ fees and court costs.
15. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Chelsea J. O’Leary without restriction.
16. Notice and Service of Process. All notices, requests, claims, demands and other communications to Chelsea J. O’Leary shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to Chelsea O’Leary). User shall send notices to Chelsea J. O’Leary at chelsea.j.oleary@gmail.com or the following address:
Chelsea O’Leary
PO Box 280842
Nashville, TN 37228
Chelsea J. O’Leary is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State where User resides, shall be deemed effective service of process.
17. Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.