TERMS AND CONDITIONS
BATS MEDIA V.B.A. (hereafter referred to as “BATS MEDIA V.B.A.,” the “company,” “we,” or “us”) is the operator of the Site and the provider of the Services.
By accessing the Site and/or using our Services on One Happy Photographer, or any other platforms or services we may provide (jointly, the “Service” or our “Services”), you acknowledge and accept to be bound by these Terms and Conditions.
These Terms and Condition, claim or dispute that occurred in connection with the Services (non-contractual claims and disputes inclusive) shall be interpreted and presided over by the laws of Aruba
You consent that you will only use One Happy Photographer in a manner that complies with the intended purpose and strict compliance with these Terms and Conditions (the “Terms”).
ACCESS AND USE OF THE SERVICE
You warrant and represent that you possess the appropriate right, capacity, and authority to enter into and be bound by these Terms and that by using the Service, you will not be breaching any regulation or law of your country of residence. You are explicitly responsible for your compliance with all applicable regulations and laws.
There are some rules about what Content is acceptable on our platform. Therefore, when you are using the Services, you are not allowed to post or send Content which:
- includes vulgar or language which could be considered offensive, or is likely to upset, harass, annoy, embarrass, or alarm another person;
- contains pornographic, obscene or otherwise which may demean human dignity;
- is insulting, abusive or threatening, or that encourages or promotes sexism, racism, bigotry or hatred;
- supports any illegal activities such as acts of terrorism, inciting racial discrimination, or the submission of which in itself means committing a criminal offense;
- involves the transmission of “spam” or “junk” mail;
- includes any adware, spyware, corrupt files, viruses, worm programmes or other harmful codes designed to interfere with or disrupt the smooth and normal functionalities of any hardware, software, servers, telecommunications, networks or any other equipment, Trojan horse or any other code designed to damage, disrupt, expropriate or forcefully intercept any personal information or data whether from One Happy Photographer or otherwise; or
- displays another individual which was created or shared without the individual’s prior consent.
THIRD-PARTY CONTENT AND EXTERNAL LINKS
There may be advertisements and promotions provided by third parties and links to external websites or resources on our service. The Service may also provide non-external links or references to third parties within its content. We shall not be responsible for the availability or unavailability of any third-party website, content or resources. Also, our inclusion of links to third-party websites, services, resources, or content does not represent our endorsement of any product or services that may be offered through the website.
If you decide to relate with any third-party website provided through our Services, the third-party’s terms and conditions will manage or control the interaction. BATS MEDIA V.B.A. shall not be liable or accountable for any of such a third party’s actions, performance, or terms.
PAYMENTS AND CANCELLATION
We reserve the sole right to decline our Service to anyone for any or no reason, in our own discretion, and at any time. We reserve the right to change or modify our service charges and fees at any time with or without prior notification. Credit card and other payment details are always encrypted during transmission over networks.
Prospective customers will pay $100 deposit to book for our service or the complete $300 – $400 depending on the agreed service package. In a situation where a prospective customer needs to cancel a deposit payment made, the deposit fee is non-refundable. However, if the cancellation is from our end, we shall offer a full refund of the deposit fee.
All our prospective customers must give us exclusive permission to use the photos for online and offline promotions.
BATS MEDIA V.B.A. owns or possesses all other content on the Service.
Any other content, text, artwork, graphics, logos, user interfaces, sounds, images, and any other intellectual property contained in our Service are owned, governed, controlled, or licensed by us and are protected by trademark, copyright, and other applicable intellectual property laws. All titles, rights, and interests in and to our Content remain in our possession at all times.
BATS MEDIA V.B.A. grants you a limited license to access and use our Content as described below, and we reserve other rights.
BATS MEDIA V.B.A. PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER, EITHER, IMPLIED, STATUTORY EXPRESS OR OTHERWISE WITH RESPECT TO OUR SERVICES OR PLATFORM (INCLUDING ALL CONTENT/MATERIALS CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, SATISFACTORY, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-INFRINGEMENT. BATS MEDIA V.B.A. DOES NOT WARRANT OR REPRESENT THAT:
- OUR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE,
- ANY ERRORS OR DEFECTS IN OUR SERVICES WILL BE EFFECTIVELY CORRECTED, OR
- THAT ANY CONTENT OR INFORMATION YOU RECEIVED ON OR VIA OUR SERVICES WILL BE CORRECT.
BATS MEDIA V.B.A. IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER DEVICE OR TECHNOLOGICAL EQUIPMENT INCLUDING, BUT NOT LIMITED TO, DAMAGE FROM ANY SECURITY INFRINGEMENT OR ANY VIRUS, BUGS, TAMPERING, ERROR, FRAUD, OMISSION, INTERRUPTION, DELAY, DEFECT IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER PERFORMANCE MALFUNCTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL BATS MEDIA V.B.A., ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION, AND LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, AS A RESULT OF:
- YOUR ACCESS TO OR/AND USE OF OR INABILITY TO ACCESS OR USE THE SERVICES,
- THE CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR
- ALTERATION, USE, OR UNAUTHORIZED ACCESS OF YOUR CONTENT, EVEN IF BATS MEDIA V.B.A. HAS BEEN WARNED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL BATS MEDIA V.B.A.’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY AT ALL, BY YOU TO BATS MEDIA V.B.A. FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY CLAUSE EXPLAINED IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS CONTRACTUAL AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
Except as otherwise prohibited by the law, the laws of Aruba, without any consideration for the conflict of law rules, shall apply to all claims and disputes arising in connection to the Service, your relationship with BATS MEDIA V.B.A. and these Terms and Conditions.
You consent (to the maximum extent permitted under applicable law), to defend, indemnify and hold harmless Bats Media V.B.A., our affiliates and their respective officers, directors, agents and staff against and from any/all complaints, claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees), incurred due to, arising as a result of or connected in any way to your access to or the use of our Services, your Conduct towards other users, Your Content, or your violation of these Terms.