LAST UPDATED: JANUARY 4, 2017
1. Agreement Between User and www.halfacrehouse.com
3. Electronic Communications
4. Terms of Sale
5. Web Store - Our Contract
6. Web Store - Pricing Availability
7. Web Store - Payment
8. Cancellation/Refund Policy
9. Links to Third Party Sites/Third Party Services
10. No Unlawful or Prohibited Use/Intellectual Property
11. Third Party Accounts
12. International Users
15. Class Action Waiver
16. Liability Disclaimer
17. Termination/Access Restriction
18. DMCA Takedown Notice
19. Legal Venue
20. Changes to Terms
23. Entire Agreement
24. Contact Us
1. AGREEMENT BETWEEN USER AND WWW.HALFACREHOUSE.COM
Welcome to www.halfacrehouse.com. The www.halfacrehouse.com website (the "Site") is comprised of various web pages operated by Rachel Marie Photographie LLC (doing business as "Half Acre House"). www.halfacrehouse.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.halfacrehouse.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.halfacrehouse.com is an E-commerce and Business Site providing full service photography, design, and podcast services as well as a web store providing digital products for purchase.
3. ELECTRONIC COMMUNICATION
Visiting www.halfacrehouse.com or sending emails to Half Acre House constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Half Acre House does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use www.halfacrehouse.com only with permission of a parent or guardian.
4. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Half Acre House you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or under a legal guardian’s supervisions as authorized by Minnesota and your local law. Half Acre House retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Half Acre House or may in some cases be a third party payment or fulfillment processing company. Where a contract is made with a third party Half Acre House is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5. WEB STORE - OUR CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
6. WEB STORE - PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
7. WEB STORE - PAYMENT
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
8. CANCELLATION/REFUND POLICY
The cancellation or refund policy for photography, design, or podcast services are governed by your service contract(s).
Digital products are non-refundable and all sales are final. If you have issues accessing your product, please contact us to discuss a solution.
Note: physical products will be governed by a forthcoming shipping/return policy (once web store is live).
9. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.halfacrehouse.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Half Acre House and Half Acre House is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Half Acre House is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Half Acre House of the site or any association with its operators.
Certain services made available via www.halfacrehouse.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.halfacrehouse.com domain, you hereby acknowledge and consent that Half Acre House may share such information and data with any third party with whom Half Acre House has a contractual relationship to provide the requested product, service, or functionality on behalf of www.halfacrehouse.com users and customers.
10. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Half Acre House or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Half Acre House content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Half Acre House and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Half Acre House or our licensors except as expressly authorized by these Terms.
11. THIRD PARTY ACCOUNTS
You will be able to connect your Half Acre House account to third party accounts. By connecting your Half Acre House account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
12. INTERNATIONAL USERS
The Service is controlled, operated, and administered by Half Acre House from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Half Acre House Content accessed through www.halfacrehouse.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Half Acre House, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Half Acre House reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Half Acre House in asserting any available defenses.
15. CLASS ACTION WAIVER
16. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RACHEL MARIE PHOTOGRAPHIE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
RACHEL MARIE PHOTOGRAPHIE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RACHEL MARIE PHOTOGRAPHIE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
17. TERMINATION/ACCESS RESTRICTION
Half Acre House reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Half Acre House as a result of this agreement or use of the Site. Half Acre House's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Half Acre House's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Half Acre House with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Half Acre House with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Half Acre House with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
18. DMCA TAKEDOWN NOTICE
Please send your DMCA Takedown Notice to the Contact information listed at the bottom of this Agreement.
To file a Takedown Notice with us, you must provide a written communication that sets forth the items specified below. You may be liable for damages (including damages, costs, and attorneys' fees) if you misrepresent that the material you identify is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws or is infringed by the material you identify, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. If the copyright is registered, please include the applicable registration number(s).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright).)
3. Provide information reasonably sufficient to permit the website owner to contact you (First and last name, e-mail address and a phone number are required at a minimum. If applicable, also include your title, company and the name of the copyright holder you represent).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or its authorized agent, I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
19. LEGAL VENUE
You hereby agree that the dispute shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in St. Paul, Ramsey County, Minnesota, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Half Acre House may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
20. Changes to Terms
Half Acre House reserves the right, in its sole discretion, to change the Terms under which www.halfacrehouse.com is offered. The most current version of the Terms will supersede all previous versions. Half Acre House encourages you to periodically review the Terms to stay informed of our updates.
Last Updated: January 4, 2017
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
23. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Half Acre House. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Half Acre House.
24. CONTACT US
Have questions or comments about these Terms? We're all ears.
Rachel Marie Photographie LLC
1967 Garden Lane
White Bear Lake, MN 55110
...or write us a message and we’ll get back to you as soon as possible (recommended).
Effective as of January 4, 2017