Terms of Service

TERMS AND CONDITIONS

LAST UPDATED: SEPTEMBER 13, 2023

Our website (“Website“) is operated by TRIPLE SHOT STUDIOS LLC (“we,” “us“). Your use of the Website is governed by these Terms and Conditions (these “Terms“) which form a legally binding agreement between You and Us, regardless of how you access the Website (including through the Internet, through a mobile network, or through other means).

1. Acceptance of Terms. If you use this Website, you are agreeing to these Terms and to any additional rules and guidelines posted on the Website. We may change these Terms from time to time; these changes will be posted on the Website. You can see the date that we last changed these Terms where it says “LAST UPDATED” above. If you use the Website after we change these Terms, that means you accept those changes. We may change or discontinue all or part of the Website at any time; refuse to provide any user with access to the Website; charge, modify, or waive fees required to use the Website; or offer opportunities to some or all Website users.

2. Jurisdiction. The Website is operated from Omak, Washington in the United States. It is not intended to be subject to non-U.S. jurisdiction or laws. The Website may not be appropriate or available for use in some countries outside of the United States. If you use the Website, it is at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website’s availability at any time and in our sole discretion.

3. Description of the Services. We provide general information about our company’s photography services and certain services we offer to users of this Website including: (a) profiles of our photographers, (b) descriptions of the services we offer, (c) articles and information about events and other similar content, and (d) services such as links to third-party websites and registration links (collectively, the “Services“). We expressly disclaim all liability in respect of actions taken or not taken based on information contained on this Website.

4. Information You Submit. If you send information through the Website, it will be subject to our Privacy Policy, which is located at (the “Privacy Policy”). You agree that all information you provide is true, accurate, and complete, and you will update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Website, you do so at your own risk.

5. Rules of Conduct. If you use the Website you will comply with all applicable laws, rules, and regulations. Users of the Website must respect the rights and dignity of others. If you use the Website, you must comply with the rules of conduct in this section. If you do not comply with these rules your access to the Website may be cut off pursuant to Section 12 below. You agree that you will not:

* Use the Website to engage in fraudulent or unlawful acts.

* Through the Website defame, abuse, harass, threaten or violate the rights of others, including without limitation others’ privacy rights.

* Use the Website to collect personally identifiable information about other users of the Website.

* Impersonate anyone or misrepresent your affiliation with any person or entity in connection with the Website.

* State or imply that we endorse any statement that you make.

* Transmit or insert into the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

* Disrupt the Website’s operation or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.

* Limit any other person from using the Website, including by hacking or defacing any portion of the Website.

* Copy, duplicate, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.

* Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.

* Remove any copyright, trademark, or other proprietary rights notice from materials obtained from the Website.

* Retrieve, “scrape,” “data mine,” or otherwise gather Website content without our express prior written consent. However, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

6. Registration. Some parts of the Website may require registration. We reserve the right to require that you change any user name, password, or other information that you provide during registration. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password.

7. Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on this Website.

8. Proprietary Rights. Our trademarks and service marks include, without limitation, TRIPLE SHOT STUDIOS LLC and any associated service marks and logos. All trademarks and service marks on the Website not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

All content included on this Website, such as photographs, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Company and protected by U.S. and international copyright laws.

9. Links. The Website provides links to other web sites as a convenience. However, we are not responsible for and do not endorse such external sites. Other sites may link to the Website, and we may block any links to the Website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

10. Limitations of Liability and Disclaimers. THE WEBSITE AND ALL SERVICES, INFORMATION, AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO EVALUATE YOUR USE OF THE WEBSITE, AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE.

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IN THAT CASE, SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Our goal is to keep the Website secure. However, we cannot guarantee the Website’s security or that using the Website will be uninterrupted. There is a possibility that the Website could be hacked. If you notice any unauthorized alterations to the Website, please contact us at info@tripleshotstudios.com and let us know.

11. Indemnity. Unless applicable law provides otherwise, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Website or (b) any violation of these Terms by you.

12. Termination. These Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Website, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Website, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Website or to any such information or files, and (except as may be required under applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your use of the Website or any third-party claim that your use of the Website is unlawful or infringes such third party’s rights). Sections 2, 3, 7-13, and 18 shall survive any expiration or termination of these Terms.

13. Governing Law; Dispute Resolution. You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Website) is governed by and shall be construed in accordance with the laws of the State of Washington, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in King County, Washington, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.

14. Filtering. We want you to know that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.

15. Information or Complaints. If you have any questions regarding the Website, please to contact us via email at info@tripleshotstudios.com. Do not include sensitive information in any email to us. You may also contact us at:

Triple Shot Studios LLC
P.O. Box 3747
Omak, WA, 98841

16. Ability to Enter Into This Agreement. If you use the Website, you confirm that you are of legal age to enter into these Terms or, if you are not, that you have obtained parental or guardian consent to enter into these Terms.

17. Contact Us. If you have any questions regarding the meaning of these Terms, please send your questions to info@tripleshotstudios.com. Please do not include sensitive information in any email to us.

18. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates any additional terms that we post on the Website (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, these Terms are the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

BY USING OR ACCESSING THIS WEBSITE OR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.