Our Services currently comprise the following
Our Services and this Agreement may change from time to time. If they do, we will provide you with an update, as further described in Section 6.1. Some parts of our Services may require that you create an account and some parts may require that you make payment to use or access these. Your access will be contingent thereon.
You must be at least thirteen years of age to use the Service, unless indicated otherwise for subdomains or features of our Service, which may require you to have reached the age of eighteen or of majority in your state of residency.
1.1 Access and use. Your access and use of our Service is regulated by this Agreement and your continuous access and use in the future is subject to your compliance to the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service. We reserve the right to restrict or temporarily or permanently prohibit your access or use of any part of or the entire Service.
1.2 Availability. The Service may be not accessible at a given time for a certain period of time that we can perform maintenance work on the Services. We will use commercially reasonable efforts to perform these outside of business hours on Central European Time. You acknowledge that we do not give a guarantee to continuous and uninterrupted performance of the Service. Further, you understand that access to our Services may be limited or interrupted as a result of circumstances beyond our control, which include internet connections and devices used to access the Services, for which we are not responsible and any unavailability arising thereof is not considered non-provision of our Services.
1.3. Support. In the event that you encounter an error in access or use with the Service, you can reach out to email@example.com during regular business hours. We will reply within a reasonable time. We cannot promise to fix your request support, but promise to use commercially reasonable efforts.
1.4. Personal use. The Website and the Service are provided to you by us for your personal use.
1.5. Newsletter. We will only send you updates to your email if you have signed up for an Account or our Newsletter. You can opt out or unsubscribe from our Newsletter anytime sending an email to firstname.lastname@example.org.
2.1. Setting Up An Account. If access to features of our Services requires an Account, you will be able to set up an account (“Account”) if you complete our sign-up form, accept this Agreement and, if applicable, any additional agreement necessary for your use of our Service, and provide the required information in the sign-up form. If you have not registered before accessing and using any part of our Service that requires an Account, you will be prompted to the sign-up form for registration at the respective website.
2.2. Information Provided By You. The information you provide has to be information about you as well as accurate and truthful. We are not responsible for any error in the provision of our Service if this error is based on inaccurate or false information that you provide. You will be able to change your username, password, and your personal information. Such changes can result in a temporary restriction of your Account access and we reserve the right in the event of such changes to request payment of a fee, but only after we give you prior notice to such action.
2.3. Account Rules. If your access to our Service requires an Account the following rules apply to you in addition to such stipulated throughout this Agreement. You can only register one Account per unique email address and person and you can only access this Account with your email address and or username and password. You are responsible to keep your password confidential, for any activity performed by the Account, and it constitutes a breach of this Agreement if you sell, transfer or allow any other person to access your Account or offer to do so. If you become aware of an unauthorized access to your account by another party, you are prompted to immediately inform us.
(a) Your use of your Account is subject to this Agreement and a breach of the Agreement can be reason for us to terminate your Account.
2.4. Term. Your Account is effective until terminated by us or you. We can terminate your Account any time without prior notice and without limitation. You can terminate your Account any time by sending an email to email@example.com
(c) We caution you, and you agree and acknowledge, that in the event of termination, any access to features of our Services or promises by us reliant on your Account access, for example access to your profile and our network, are non-retrievable or non-refundable, or made accessible for your by us, unless agreed to otherwise in an additional agreement.
(d) If your Account is required to access paid Services, refund of payments made is subject to the specific terms and conditions for such purchase or subscription.
3.1. Ownership and License of Materials. All materials contained in our Services (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, interview, portfolio photo, if commissioned or created by us), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Services or materials by other users of the Services, and is protected by copyright, trademark, and other applicable laws. By default, you may access, copy, download, print, publicly display, and distribute the material contained in our Services for your personal and non-commercial use, unless we expressly grant you either more extensive rights or restrict these rights. Any other use of material contained in the Services, including but not limited to any commercial use, and the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Services is prohibited.
3.2. We, our licensors and third parties, such as but not limited to websites linked to by the Services or other users of the Services, retain full and complete title to the material provided on the Services, including all associated intellectual property rights, and provide this material to you under a license solely for your use of the Services and which is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials contained in the Services will not infringe rights of third parties.
You may not use contact information, and any other personal information (as defined here), provided through the Services for unauthorized purposes, including marketing.
3.3. Trademarks. Trademarks, logos, and service marks displayed through Services are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
3.4. Your Content. You are responsible for any reviews or other material and info that you upload or transmit through our Service or transmitted through third party websites to our Service (your “Content”). Unless expressly stated otherwise, the following rules govern our use of your Content.
(a) You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
(b) We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content that is hosted by third party services (for example YouTube, Imgur etc.) will not be stored on our hosts but embedded as in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites.
3.5. Third Party Links. Our Services may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Instagram, LinkedIn, or other portfolio platforms). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with this Agreement, you are prompted to immediately inform us.
4.1. Purchase of Goods. You may, either with an Account or, if available at time of your purchase, as Guest, purchase courses, digital goods and other items (“Goods”) on display in our Shop. Any Goods displayed are subject to availability and our confirmation of receipt and acceptance of your offer to purchase. Your offer to purchase through our Shop may not be withdrawn prior to our acceptance, but for under the rules for withdrawal for a refund under Section 4.3.
4.2. Security and Collateral (“Eigentumsvorbehalt”). Your Goods will not be processed and fulfilled until fully paid for. In the event that Goods are shipped prior to full payment, we either, as permitted and required by law, retain ownership in the Goods until receipt of full payment or you grant us a security interest in the Goods, which prevails over any other interest, encumbrance, liens, or claims against the Goods. In the event that we have a security interest, you authorize us to submit such documentation with the relevant and respective authorities to perfect the securities on your behalf.
4.3. Refunds. A purchase of Goods is final and non-refundable, unless expressly agreed otherwise or required by law.
You may withdraw from the purchase of the Goods within fourteen days of receipt of the Goods. See here for instructions on your withdrawal. A withdrawal will entitle you to a refund of the purchase price only.
5.1. Representations and Warranties. You warrant that
(a) you have the full right and power to enter into this Agreement and perform any of the actions mentioned throughout our Services;
(b) you comply with the entire Agreement and, if applicable, any additional agreement;
(c) you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
(d) you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to social media platforms(i.e. Instagram and Linkedin);
(e) any and all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
(f) you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
(g) none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; and
(h) you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
5.2. DISCLAIMER. THE WEBSITE, THE SERVICE, AND THE GOODS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
(a) WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE FOREGOING, AND IN CONFORMANCE WITH SECTION 6.3, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE WEBSITES AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. ANY GOODS PURCHASED AND SHIPPED ARE SHIPPED AT YOUR EXPENSE AND RISK.
5.3. LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. IN THE EVENT THAT ALL OR PART OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU, OUR LIABILITY IS LIMITED TO OUR GROSS NEGLIGENCE WITH A FULL EXCEPTION FOR DEATH, HEALTH AND BODILY HARM.
5.4. Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
6.1. Amending this Agreement. This Agreement and this Section 6.1 cannot be modified by you. We may amend this Agreement at any time for the future. An amendment will come into effect with your receipt of our notice of the change and your continuous use of the Services or part of the Services.
6.2. Whole Agreement. This Agreement represents the entire understanding between the parties, superseding all prior and outside agreements between the parties with respect to the subject matter contained herein, unless expressly stated otherwise.
6.3. Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. You may not assign this Agreement; we may freely assign this Agreement without your consent and at our discretion.
6.4. Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of Germany without regard to its conflict or choice of laws provisions.
6.5. Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
Zoë Noble Photography
Meeet | Neukölln
Mahlower Str. 24