TERMS AND CONDITIONS OF USE
By using this website (“You”), you agree to these Terms and Conditions of Use and our Privacy Policy. Please read them carefully before proceeding.
General Provisions
This website is owned and operated by Bergado Photography LLC (“Bergado Photography,” “We,” or “Company”). Our principal place of business is located in San Francisco, CA 95051.
Intellectual Property Notice
All text, photographs, graphics, and other materials on this site are the intellectual property of Bergado Photography LLC and are protected by United States Copyright Laws (USC Title 17). You may not copy, modify, distribute, or republish any materials from this website without prior written permission from Bergado Photography. We reserve the right to take legal action against any unauthorized use of our intellectual property.
Your Communications
Communications made through our blog, comments, newsletters, or other related pages are not confidential and may be viewed by third parties. We own all communications displayed on our website and will not provide credit or pay royalties for unsolicited user-generated content. For details on how we handle Your data, please refer to our Privacy Policy. You agree not to submit any content that is illegal, harmful, or inappropriate, including but not limited to content that is libelous, obscene, or abusive.
Disclaimers
Our website and related materials are provided for informational purposes only. You agree to indemnify and hold harmless Bergado Photography for any losses or damages incurred as a result of your use of this website. This includes issues arising from technological failures, such as payment processor errors.
While we may reference results or situations, Bergado Photography makes no guarantees regarding the accuracy of third-party statements or the likelihood of achieving similar outcomes. For professional advice on medical, legal, or financial matters, please consult a qualified professional.
Promotions and offers may be changed or terminated at any time without notice and will not be applied retroactively. Although we strive for accuracy, we cannot guarantee that all materials are complete or up to date. Use of information from this website is at your own risk. If you notice any errors, please contact us at cv@bergadophotography.com.
Advertisements
Bergado Photography does not endorse or recommend any goods or services advertised on this website or any affiliates using our services.
Affiliates
This site may contain affiliate links. Bergado Photography disclaims any liability resulting from purchases made through these links. We will notify you of any affiliate links when applicable.
Termination
Bergado Photography reserves the right to terminate your access to this website at any time if we believe you have violated these Terms and Conditions. Access may be revoked without notice, including blocking your IP address.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Bergado Photography regarding your use of this website.
Severability & No Waiver
If any part of these Terms and Conditions is found to be unenforceable, the remaining provisions will remain in effect. Any failure by Bergado Photography to enforce any provision does not constitute a waiver of that provision or any other.
Headings
Headings in these Terms and Conditions are for convenience only and do not affect the interpretation of these terms.
Venue & Jurisdiction
These Terms and Conditions and our Privacy Policy shall be governed by the laws of the State of California. You agree that any disputes arising from this Agreement shall be resolved in a federal or state court of competent jurisdiction in California.
Arbitration
Disputes that cannot be resolved amicably shall be settled by arbitration under the rules of the American Arbitration Association. The arbitration will occur in California, and each party will bear its own costs related to the arbitration, while arbitration costs will be shared equally. Each party is responsible for its own costs and expenses in presenting the dispute for arbitration.
Questions
For any questions regarding these Terms and Conditions or our Privacy Policy, please contact us at cv@bergadophotography.com.
PRIVACY POLICY
By using this website (“You”), you agree to this Privacy Policy. Please read it carefully before proceeding.
General
Bergado Photography LLC (“Bergado Photography,” “We,” or “Company”) respects your privacy. This Privacy Policy explains how we collect, use, share, and protect the personal information you provide when you access our website, purchase our goods or services, or engage with us on social media. It also outlines your rights concerning your information. Please read this Privacy Policy carefully. We will notify you of any changes by updating the “last updated” date at the top of this Policy. Changes become effective immediately upon publication on our website, and your continued use constitutes acceptance of these changes. We encourage you to review this Privacy Policy periodically.
Information Collected
We collect various types of information when you visit our website, make purchases, or interact with us on social media. By using this website, you consent to our collection and use of your data as described below:
Personal Data
Personal Data includes information that can be used to identify you, such as your name, shipping address, email address, phone number, and demographic information (e.g., age, gender). You provide this information voluntarily when you register, make purchases, or engage in activities on our site. Providing this information is optional, but refusal may limit your access to certain features or services.
Derivative Data
Derivative Data is information automatically collected when you access our website, such as your IP address, browser type, access dates and times, and pages viewed. If using a mobile application, we may collect device-related information, including device ID and location.
Financial Data
Financial Data includes information related to payment methods, such as credit card or bank transfer details. We collect financial data to facilitate transactions but typically transfer most of it to our payment processors. We encourage you to review the Privacy Policies of these processors.
Social Networking Data
We may access personal information from your social networking accounts (e.g., Facebook, Instagram, Threads, TikTok, Twitter) if you choose to link them. This may include your name, username, email address, and other publicly available information.
Mobile Device Data
If you use our website or app via a mobile device, we may collect information about your device, including device ID, model, manufacturer, and location.
Other Data
Occasionally, you may provide additional information for contests, giveaways, or surveys, which will be clearly indicated at the time of collection.
Use of Information
We use the information we collect to:
Create and manage your account.
Deliver products or services purchased by you.
Communicate with you.
Process payments and refunds.
Inform you about new offerings.
Interact with you via social media.
Send newsletters or updates.
Provide targeted advertising.
Request feedback.
Notify you of updates.
Resolve disputes and troubleshoot issues.
Administer contests or giveaways.
Create personalized experiences on our website.
Compile anonymous statistical data.
Assist law enforcement as necessary.
Prevent fraud.
Analyze trends to improve our offerings.
Disclosure of Information
We may share your information with third parties in certain situations, including:
Third-party Processing: We may disclose your information to third parties assisting with payment processing, hosting, email delivery, and customer service.
Legal Requirements: We may share your information as required by law or to respond to legal processes.
Company Protection: We may use your information to protect our rights and interests.
Affiliates: We may share your information with business affiliates who promote our products and services for a commission.
Advertisers: Third-party advertising companies may use information from our website to serve personalized ads.
Other Third Parties: We may share information for general business analysis, ensuring compliance with legal requirements.
Online Postings
When you post online, your comments may be viewed by others, and we may distribute them outside the website.
External Links
Our website may include links to other sites not controlled by us. We are not responsible for the privacy practices of these third-party sites and recommend reviewing their Privacy Policies.
Website Analytics
We may partner with third-party analytics companies (e.g., Google Analytics) that may use cookies or tracking technologies to analyze website usage. We do not transfer personal information to these vendors.
Marketing Communications
You may opt-out of receiving marketing communications. However, we may retain a database of past subscribers. We reserve the right to use your information as necessary for business purposes.
California Residents' Rights
Under the California Privacy Protection Act, you have the right to request information about the personal data we collect and share. To obtain this information, please contact us via email. There is no charge for such requests.
International Privacy and GDPR Disclaimer
Our website is hosted in the United States. If you are visiting from outside the U.S., you consent to the transfer of information to the U.S. If you are an EU resident, your data is protected under the EU-US Privacy Shield and GDPR. You have the right to object to the processing of your data at any time.
Questions
If you have any questions about this Privacy Policy, please contact us at cv@bergadophotography.com.