1. Introduction

Welcome to Mild Canvas Photography. These Terms and Conditions govern your use of our website located at mildcanvas.beauty (the "Site") and the services we provide ("Services"). By accessing our Site and using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy.

Please read these Terms and Conditions carefully before using our Site or Services. If you do not agree to these Terms and Conditions, you must not use our Site or Services.

2. Definitions

  • "Client," "You," and "Your" refers to you, the person accessing this Site and accepting these Terms and Conditions.
  • "The Company," "Ourselves," "We," "Our," and "Us" refers to Mild Canvas Photography.
  • "Party," "Parties," or "Us" refers to both the Client and ourselves.
  • "Content" means any images, text, graphics, videos, audio, or other material displayed on the Site.
  • "Services" refers to photography services, including but not limited to, portrait sessions, event coverage, product photography, and any other photography services offered by us.

3. Use of the Site

3.1 Acceptable Use

You agree to use our Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Site.

3.2 User Account

Some areas of our Site may require you to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

3.3 Accuracy of Information

You must ensure that the information you provide on our Site is accurate, complete, and up-to-date. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, incomplete, or not current.

4. Services and Booking

4.1 Service Description

We offer various photography services as described on our Site. We reserve the right to modify or discontinue any service at any time without notice.

4.2 Booking and Payments

All bookings must be made through our Site, by email, or by phone. A booking is not confirmed until we have received the required deposit or full payment, as specified in the booking process.

All payments are to be made in the currency specified on our Site. We accept payment via the methods listed on our Site.

4.3 Cancellation by Client

If you need to cancel a confirmed booking, you must notify us in writing as soon as possible. Cancellation fees may apply as outlined in our Refund Policy.

4.4 Cancellation by Us

We reserve the right to cancel a booking due to unforeseen circumstances (e.g., illness, equipment failure, natural disasters). In such cases, we will try to reschedule the session at a mutually convenient time or provide a full refund of any payments made.

5. Intellectual Property Rights

5.1 Our Content

All Content on our Site, including but not limited to photographs, images, text, graphics, logos, button icons, and software, is the property of Mild Canvas Photography or its content suppliers and is protected by United Kingdom and international copyright, trademark, and other intellectual property laws.

The compilation of all Content on this Site is the exclusive property of Mild Canvas Photography and is protected by United Kingdom and international copyright laws.

5.2 Use of Our Content

You may view, download, and print Content from our Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5.3 Ownership of Photographs

All photographs taken by us remain our intellectual property. When you book a session with us, you are purchasing the right to use the images as specified in your contract, not the copyright to the images themselves.

Usage rights for photographs will be outlined in your specific contract or agreement. Typically, this includes personal, non-commercial use of the images.

Any commercial use of the photographs must be negotiated separately and will require additional licensing fees.

6. User Conduct and Content

6.1 User Content

Our Site may include features that allow users to post, submit, publish, display, or transmit content to us or other users ("User Content"), such as comments, reviews, or social media posts tagging our business.

6.2 Rights in User Content

By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

6.3 Prohibited Content

You must not post, submit, publish, display, or transmit User Content that:

  • Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  • Is likely to deceive any person.
  • Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
  • Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
  • Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

7. Limitation of Liability

7.1 Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

7.2 Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Mild Canvas PHOTOGRAPHY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mild Canvas Photography, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.

9. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Kingdom.

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the courts of the United Kingdom. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Changes to Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

11. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Mild Canvas Photography
3 Khan Dam
Grahamhaven, SA71 5BP
United Kingdom

Email: [email protected]
Phone: +447726241249