Terms and Conditions

These 8710 Photography Terms and Conditions (“Terms and Conditions”) apply to all orders purchased through www.8710photography.com (“Website”). These Terms and Conditions are an agreement between you, the purchasing party (“Client”), and Pauling Homes Corp d/b/a 8710 Photography (“8710”) regarding all services(“Services”) and digital files of the photographs and videos (“Deliverables”) Client purchases through the Website (“Client Order”). By confirming a Client Order, Client affirms its knowledge of and consent to these Terms and Conditions. If Client does not agree with any portion of these Terms and Conditions, Client should not complete a Client Order.

 

1. Facilitation: Client agrees to reasonably facilitate the performance of the Services by making the real estate available and in appropriate condition for shooting the photographs and/or video(s), and providing 8710 with any information and materials that are reasonably necessary or advisable to properly perform the Services.

 

2. Authority: Client hereby states that it is has the right to enter the premises for the Shoot and is authorized to purchase, and to permit 8710 to perform, the Services set forth in the Client Order.

 

3. Hosting: 8710 will host the Deliverables for one (1) year from the date of completion or delivery, as applicable (“Hosting Services”). Thereafter, Client may purchase additional Hosting Services at an additional charge.

 

4. Payment: Client’s failure to pay the fees for Services as set forth on the Website, will be considered a material breach of these Terms and Conditions. If Client fails to make timely payment, or if Client’s payment is returned or otherwise withdrawn from 8710, Client will forfeit the right to any unperformed Services, any Deliverables and any Hosting Services. In addition, Client will be responsible for 8710’s reasonable costs incurred in enforcing these Terms and Conditions, including attorney’s fees.

 

5. Ownership: The Deliverables will be considered “works for hire” and will become the sole intellectual property of Client upon their delivery. 8710 reserves all rights not expressly granted herein.

 

6. License: Client hereby grants 8710 a non-exclusive, non-sublicenseable, non-transferable, perpetual, world-wide right to use the Deliverables in 8710’s marketing efforts in any tangible or intangible form, and to otherwise display and disclose the nature of the relationship between Client and 8710 for its business purposes.

 

7. Representations and Warranties: 8710 PROVIDES THE DELIVERABLES ON AN AS-IS BASIS, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DELIVERABLES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

8. LIMITATION OF LIABILITY: 8710 WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR USE), ARISING OUT OF OR RELATING TO THIS THESE TERMS AND CONDITIONS.

 

9. Term and Termination: These Terms and Conditions will remain in effect until such time as the Client Order has been fulfilled and Client’s payment has been remitted in full to 8710.

 

10. Indemnification: Client will indemnify and hold harmless 8710 from any and all damages, liabilities, costs, losses, or expenses, including attorney’s fees, arising out of any claim, demand, or action by a third party related to the Client Order, Services, Deliverables, Hosting Services, and/or these Terms and Conditions.

 

11. Governing Law, Jurisdiction and Venue: These Terms and Conditions are governed by the laws of the State of Minnesota without regard to its conflicts of laws provisions. Any conflicts or claims arising herefrom will be subject to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota. Each party irrevocably submits to the personal jurisdiction and venue of, and agrees to service of process issued or authorized by, any such court in any such action or proceeding.

 

12. Entire Agreement: These Terms and Conditions comprise the entire agreement and understanding of the parties regarding the subject matter hereof. These Terms and Conditions supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral regarding the subject matter hereof. Any modifications or amendments to these Terms and Conditions will be in a writing acknowledged by both parties.

 

13. Assignment: Client may not assign any of their rights or obligations incident hereto.

 

14. Relationship: 8710 is an independent contractor of Client only. This Agreement does not, and is not intended to, create an employment, agency, partnership, joint venture or other relationship between the parties.

 

15. Waiver: A failure of any party to insist in any instance upon the strict and punctual performance of any term or condition herein shall not constitute a continuing wavier of such provision.

 

16. Force Majeure: Neither party shall be considered in breach if the party is unable to perform hereunder due to fire, natural disaster, labor dispute, Act of God or any other event beyond the party’s control.