Terms of Use
Terms of Use
TERMS OF USE
Effective Date: January 1, 2026
IMPORTANT. Please Read This Before Using the Site.
YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use apply to all users of the Rose Pierce Portrait website and any related domains or subdomains (collectively, the "Site"). By accessing or using this Site, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site..
YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein by reference. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use shall control.
ELIGIBILITY
You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to use this Site or purchase products or services through the Site. If you are under eighteen (18), you may use the Site only under the supervision of a parent or legal guardian.
WHAT WE DO
Rose Pierce Portrait provides portrait photography services, personal branding photography, headshot photography, photography-related products, educational resources, and related content.
OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Rose Pierce Portrait or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
YOUR OBLIGATIONS
This Site, including all Content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Rose Pierce Portrait or included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
All photographs displayed on this Site remain the copyrighted property of Rose Pierce Portrait unless otherwise stated. Nothing contained on this Site shall be construed as granting any license or right to use any Content without our prior written consent.
RESERVATION OF RIGHTS
Except as expressly provided in these Terms of Use, all rights in and to the Site and its Content are reserved by Rose Pierce Portrait. No license or right is granted by implication, estoppel, or otherwise.
PERMITTED AND PROHIBITED USES
Rose Pierce Portrait grants you a limited, revocable, non-exclusive, non-transferable license to access and use this Site solely for your personal, non-commercial use and in accordance with these Terms of Use.
Except with our prior written consent, you may not:
• Copy, reproduce, distribute, republish, transmit, display, sell, license, or otherwise exploit any Content from this Site.
• Download, save, screenshot, record, capture, or otherwise reproduce photographs, images, videos, or other Content from this Site for personal or commercial use.
• Remove, obscure, alter, or modify any copyright notice, trademark, logo, watermark, or proprietary notice.
• Modify, edit, manipulate, crop, create derivative works from, or otherwise alter any photograph or Content appearing on the Site.
• Use any photograph, image, text, or other Content from this Site to train, develop, improve, validate, or operate artificial intelligence, machine learning, generative AI, computer vision, or similar technologies.
• Use robots, spiders, crawlers, scrapers, data mining tools, bots, or other automated means to access, collect, copy, or monitor any portion of the Site.
• Attempt to gain unauthorized access to any portion of the Site, its servers, systems, accounts, databases, or networks.
• Introduce viruses, malware, ransomware, spyware, malicious code, or other harmful technologies.
• Interfere with the operation, functionality, security, or availability of the Site.
• Impersonate any person or entity or falsely represent your affiliation with any person or organization.
• Use the Site or its Content in any manner that violates applicable laws or infringes upon the rights of any third party.
Any unauthorized use of the Site or its Content may result in immediate termination of your right to use the Site and may subject you to civil and/or criminal liability.
YOUR OBLIGATIONS
In consideration of your use of the Site, you agree that any information you provide will be true, accurate, current, and complete and that you will update such information as necessary.
BOOKINGS AND SERVICES
Submission of an inquiry form, consultation request, or other communication through this Site does not constitute acceptance of a photography project or guarantee availability. Photography services are subject to availability, execution of a separate client agreement, and payment of any required retainer or fees.
Prices, packages, and service offerings are subject to change without notice.
DIGITAL PRODUCTS AND DIGITAL IMAGE DELIVERY
Any digital products, downloads, educational materials, digital files, or purchased photographs are deemed delivered when made available for download, online access, or through an online gallery.
Unless otherwise stated in a separate written agreement, clients are responsible for downloading and backing up their purchased digital files. Rose Pierce Portrait is not responsible for maintaining archived copies of delivered digital files indefinitely.
IMAGE LICENSES
Unless otherwise provided in a separate written agreement, the purchase of photography services, products, or digital images does not transfer copyright ownership. Clients receive only the usage rights expressly granted under their photography agreement. All copyrights remain the sole property of Rose Pierce Portrait.
AFFILIATE LINKS
This Site may contain affiliate links or links to third-party websites, products, services, software, payment processors, scheduling platforms, gallery providers, social media platforms, or other resources to help support the maintenance of the Site. We do not control, endorse, or assume responsibility for any third-party content, products, services, policies, or practices. You acknowledge that your use of third-party websites and services is solely at your own risk and release the Site from any loss or damage incurred from dealing with such referral.
RETURN/REFUND POLICY
Unless otherwise expressly stated in writing, you acknowledge that all digital products, educational materials, downloads, and other products sold through the Site are non-refundable and non-returnable under any circumstances. All sales are final.
RIGHT TO MODIFY OR DISCONTINUE THE SITE
We reserve the right to modify, suspend, discontinue, restrict access to, or remove any portion of the Site or its Content at any time without notice or liability.
RIGHT TO TERMINATE ACCESS
We reserve the right, in our sole discretion, to suspend, restrict, or terminate access to the Site for any user who violates these Terms of Use or whose conduct we believe may harm Rose Pierce Portrait, its users, or third parties.
ELECTRONIC COMMUNICATIONS
By using this Site or communicating with us electronically, you consent to receive communications from us electronically. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. ROSE PIERCE PORTRAIT AND ALL CONTENT (INCLUDING USER-GENERATED CONTENT), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, AND AVAILABILITY.
WE DO NOT WARRANT THAT THE SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT THROUGH THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ROSE PIERCE PORTRAIT SHALL EXCLUDE AND NOT BE LIABLE FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER.
THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Rose Pierce Portrait and its owner, employees, contractors, agents, affiliates, licensors, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from your violation of these Terms of Use or your misuse of the Site and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.
FORCE MAJEURE
Rose Pierce Portrait shall not be liable for any delay, interruption, or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, wildfires, earthquakes, floods, pandemics, internet outages, utility failures, labor disputes, governmental actions, or failures of third-party service providers.
WAIVER
Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that provision or any other provision.
SEVERABILITY
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions shall remain in full force and effect.
ASSIGNMENT
You may not assign or transfer your rights under these Terms of Use without our prior written consent. We may assign our rights and obligations under these Terms of Use without restriction.
NO THIRD-PARTY BENEFICIARIES
These Terms of Use are intended solely for the benefit of you and Rose Pierce Portrait and do not confer any rights upon any third party.
SURVIVAL
Any provisions of these Terms of Use that by their nature should survive termination shall survive, including without limitation ownership provisions, intellectual property protections, disclaimers, indemnification obligations, limitations of liability, and governing law provisions.
HEADINGS
The section headings contained in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms.
GOVERNING LAW, JURISDICTION, AND VENUE
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles.
Any legal action arising out of or relating to these Terms of Use shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the Effective Date listed above. We reserve the right to update or modify these Terms of Use at any time. Changes become effective upon posting to the Site. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
ENTIRE AGREEMENT
These Terms of Use, together with our Privacy Policy and any applicable written agreements or click-through agreements applicable, between you and Rose Pierce Portrait, constitute the entire agreement between the parties regarding the Site and supersede all prior communications and understandings, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.
DEFINITIONS
The term "Content" means all text, photographs, images, graphics, illustrations, logos, videos, audio recordings, software, code, downloads, documents, and other materials available through the Site.
The terms "Rose Pierce Portrait," "we," "us," and "our" refer to Rose Pierce Portrait, its owner, employees, contractors, agents, affiliates, and representatives.
The term “including” means “including, but not limited to.”
The term "Site" means any website owned or operated by Rose Pierce Portrait on which these Terms of Use are posted.
QUESTIONS
If you have questions regarding these Terms of Use, please contact:
Rose Pierce Portrait
805 Torrance Boulevard, Redondo Beach, California 90277, United States | Phone: (424) 262-6181 | Email: Info@rosepierce.com