TERMS AND CONDITIONS



Welcome to VPT!

These are the terms and conditions for: 

  • https://vacationphototour.com      

By using the website and services, you agree to be bound by these terms and conditions and our Privacy Policy. In these terms, the words "website" refer to the VacationPhotoTour website, "we", "us", "our" and "VPT" refer to VPT and "user", “client”, "you" and “your" refer to you, the user and client of VacationPhotoTour

The following terms and conditions apply to the website and services offered by VPT. This includes the mobile and tablet versions as well as any other version of VPT accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM VPT.


1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of VPT. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on VPT. You agree to be bound by any modification to this terms and conditions when you use VPT after any such modification is posted; it is therefore important that you review this agreement regularly.

VPT may, in its sole discretion, refuse to offer the services to any user or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By providing VPT with your email address, you consent to our use of your email address to send you notices about the services, including those required by law. We may also use your email address to send you notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content. 

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.


2. SERVICES

VPT offers photography services. Users may book photo shoots in New York through the website. When booking photo shoots, select the appropriate shoot date and time. Please check the availability of dates before booking a session. If the client wishes to cancel a photo shoot reservation please refer to our cancellation policy.

VPT may change or discontinue the availability of the services at any time at its sole discretion. VPT reserves the right to cancel services at any time during the session and to leave the session location if the photographer representing VPT is the victim of inappropriate, threatening, hostile or offensive behavior by any person attending the event or session location. In cases where the shoot must be terminated and the VPT photographer must leave the shoot location, the retainer fee and any deposit paid will be non-refundable.

VPT reserves the right to use the client's photos on the website. If the client wishes VPT not to use the client's photos on their website, the client may pay an additional fee. The fee may be agreed and included in the final price at the time of drawing up and signing the corresponding contract.

VPT does not guarantee the durability of the photos in our storage systems, nor in the client's storage systems. VPT does not guarantee the quality of the digital media or files shipping to the customer. The customer is solely responsible for backing up, archiving and maintaining the integrity of the files. VPT will store the digital photo files for 69 days after the photos have been sent, but will not be responsible for the storage of these files.


3. PAYMENTS

The price of the services will be determined based on several factors such as the number of hours of the session, the number of photographs, the location of the session, etc. The price will be established in the corresponding service contract.

Please note that the client booking and contracting a photo shoot is responsible for covering all additional fees and costs related to the choice of the photo shoot location (transportation, parking, admission fee, etc.). Any extra costs that are not included in the contract and are related to the location of the photo shoot are the responsibility of the client.

At the moment of contracting our services and before starting the work, the client must make a deposit in order to book the photographer to perform the services specified in the corresponding contract. Upon completion of the services and the photo shoot, the customer must pay the remainder of the price agreed upon in the contract.




4. COPYRIGHT

All materials on VPT, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by VPT or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on VPT are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without VPT prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize VPT or any part of the material for any purpose other than its intended purposes is strictly prohibited.


5. COPYRIGHT COMPLAINTS (DMCA)

VPT will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). VPT respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:  

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that VPT can find it on the "VPT" website.  Note that providing a top-level URL is not sufficient.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.


6. PERSONAL DATA

Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.


7. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to VPT or licensed to the VPT by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by VPT in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
  • Download any content unless it’s expressly made available for download by VPT.


8. DISCLAIMER OF WARRANTIES 

Because of the nature of the Internet VPT provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website 
in breach of these terms you will be liable to and will reimburse VPT for any loss or damage caused as a result.

VPT will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, VPT excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to VPT and VPT shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the 
    website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from VPT.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.


9. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by VPT for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 



10. INDEMNIFICATION

You agree to defend and indemnify VPT from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the services.


11. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.


12. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VPT without restriction.


13. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by VPT, shall constitute the entire agreement between you and VPT concerning and governs your use of the website and the services.


14. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and VPT, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. VPT may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. 

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

The courts of the United States, especially the courts located in the state of New York, shall have jurisdiction over any dispute, controversy or claim relating to VPT and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, especially the courts located in the state of New York.


15. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States, specifically the laws of the State of New York. Use of the website and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.

Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website and services or information provided to or collected by us with respect to such use.

If any part of these terms and conditions is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms and conditions at any time does not waive our right to enforce the same or any other provision in the future.

Any rights not expressly granted herein are reserved.


16. CONTACT INFORMATION

If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:

VPT.

nyphotoinfo@gmail.com


PRIVACY POLICY


VPT values your privacy and the protection of your personal data. This privacy policy describes what information we collect from you, how we collect it, how we use it, how we obtain your consent, how long we keep it in our databases and, if necessary, with whom we share it.

By using the website and services, you are accepting the practices described in this privacy policy. Use of the website and services is also subject to our terms and conditions.

This privacy policy may change from time to time. Your continued use of the website and services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. This privacy policy has been developed and is maintained in accordance with all applicable national and international laws and regulations and specifically with the New York Privacy Act (“NYPA”).



1. GENERAL INFORMATION

The personal data of the users that are collected and processed through the website:

  • https://vacationphototour.com

Will be under responsibility and in charge of:

  • VPT
  • nyphotoinfo@gmail.com

(Hereinafter referred to as VPT). 


2. TYPES OF INFORMATION GATHERED

The information we collect from our users and customers helps us to deliver our services effectively and to personalize and continually improve the user experience on the website. These are the types of information we collect:

Information You Give Us. You provide information when you search, read and view content on our website, book our services, provide information through our services and/or communicate with us through our contact information or our contact forms. As a result of those actions, you might supply us with the following information:

  • First and last name
  • Email address
  • Phone number 
  • Address
  • ZIP/Postal code
  • Any additional information relating to you that you provide to us directly through our website or indirectly through our website or online presence such as ‘cookies’.

VPT will not collect any personally identifiable information about you, unless you provide it.

Information Collected Automatically: By accessing and using the website you automatically provide us with the following information:

  • The device and usage information you use to access the website
  • Your IP address 
  • Browser and device characteristics
  • Operating system
  • Referring URLs
  • Your location
  • What parts of the website you use and how often

If you access the website through a mobile phone, we will collect the following information:

  • Mobile device ID 
  • Model and manufacturer 
  • Operating system 
  • Version information 
  • IP address

GOOGLE Analytics. We use Google Analytics provided by Google, Inc., USA (“Google”). These tool and technologies collect and analyze certain types of information, including IP addresses, device and software identifiers, referring and exit URLs, feature use metrics and statistics, usage history, media access control address (MAC Address), mobile unique device identifiers, and other similar information via the use of cookies. The information generated by Google Analytics (including your IP address) may be transmitted to and stored by Google on servers in the United States. We use the GOOGLE Analytics collection of data to enhance the website and improve our service.

Please consult Google's privacy policy here:

Facebook Pixel: Our website uses the Facebook Pixel. Through the Facebook Pixel we can collect user information for different purposes. We use the Facebook Pixel for the following purposes:

  • Collect statistics about our platform (for example, the number of users who visited a page).
  • Collect information about how you interact with our platform (for example, whether you opened or followed links contained in them).
  • Personalize online services and marketing communications.
  • Tailor advertisements to users and optimize advertising campaigns.

The information collected through the Facebook Pixel will be collected and stored by Facebook and will be treated in accordance with its privacy policy. The information we collect through the Facebook Pixel does not personally identify the user and will never be used for purposes other than those contained in this privacy policy and Facebook's privacy policy. 

Please consult Facebook's privacy policy here:

Social Media: On our website you will find links and functions linked to different social networks, in which you can share your information.

It is advisable to consult the privacy policy and data protection of each social network used on our website.


3. HOW LONG WE KEEP YOUR DATA

Personal data provided by users through the website and services will be kept for the time necessary for the provision of the services. VPT may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn. Furthermore, VPT may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.


4. HOW WE USE YOUR INFORMATION. 

In general, we use the information we collect primarily to provide, maintain, protect and improve our current website and services. We use personal information collected through our website as described below:

  • Identify you as a user in our system.
  • Provide the services.
  • Booking of photo shoots.
  • Provide our services (photo shoots).
  • Send invoices to customer's email.
  • Improve our services, website, and how we operate our business.
  • Understand and enhance your experience using our website and services.
  • Respond to your comments or questions through our support team.
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages.
  • Communicate with you about upcoming events, offers and news about services offered by VPT and our selected partners.
  • Marketing purposes of VPT.
  • Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service.
  • Protect, investigate and deter against fraudulent, unauthorized or illegal activity.


5. HOW DO YOU GET MY CONSENT?

By booking our services, providing information through the services, communicating with us through the contact forms or our contact information, you are providing the following information, we are able to provide you with the following information, accepting the use of cookies by our website and providing us with personal information to communicate with you, you consent to our collection, storage and use of your information on the terms contained in this privacy policy. You may withdraw your consent by sending us your request via the contact information or the contact page.


6. HOW WE SHARE INFORMATION

The personal information of our customers and users is an important and fundamental part of our business. Under no circumstances will we sell or share information with third parties that has not been previously authorized by the user, client or owner of the personal data. We share user and customer information only and exclusively as described below.

Third-Party Service Providers. We use third-party services to perform functions on our website. Examples include: Creating and hosting the website, sending emails, analyzing data (Google Analytics), providing marketing assistance, and providing search results.

These third-party services and tools may have access to personal information needed to perform their functions, but may not use that information for other purposes. Information shared with these third-party services will be treated and stored in accordance with their respective privacy policies and our privacy policy. Please refer to the privacy policy of these third-party services.

Business Transfers. In the event that VPT creates, merges with, or is acquired by another entity or company, your information will likely be transferred. VPT will send you an email or post a prominent notice on our platform before your information becomes subject to another privacy policy and the transfer and handling of your private information will comply with all applicable requirements.

Protection of VPT and others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms and conditions and other agreements, or protect the rights, property, or safety of VPT, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent. Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Anonymous Information. VPT uses the anonymous browsing information collected automatically by our servers primarily to help us administer and improve the Website. We may also use aggregated anonymous information to provide information about the Website to potential business partners and other unaffiliated entities. This information is not personally identifiable.

Email Address. The email address that you supply to us for purposes of receiving our email communications will never be rented or sold to a third party.


7. PROTECTING YOUR INFORMATION

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide through the website. We restrict authorized access to your personal information to those persons who have a legitimate purpose to know that information and to those persons you have authorized to have access to that information. VPT follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once VPT receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while VPT strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so.


8. RIGHTS

Users who provide information through our website, as data subjects and data owners, have the right to access, rectify, download or delete their information, as well as to restrict and object to certain processing of their information. While some of these rights apply generally, others apply only in certain limited circumstances. We describe these rights below:

  • Access and portability: to access and know what information is stored in our servers, you can send us your request through our contact information.
  • Rectify, Restrict, Limit, Delete: You can also rectify, restrict, limit or delete much of your information.
  • Right to be informed: Users of our website will be informed, upon request, about what data we collect, how it is used, how long it is retained and whether it is shared with third parties.
  • Object: When we process your information based on our legitimate interests as explained above, or in the public interest, you may object to this processing in certain circumstances. In such cases, we will stop processing your information unless we have compelling legitimate reasons to continue processing it or where it is necessary for legal reasons.
  • Revoke consent: Where you have previously given your consent, such as to allow us to process and store your personal information, you have the right to revoke your consent to the processing and storage of your information at any time. For example, you may withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn your consent if we have a legal basis for doing so or if your withdrawal of consent was limited to certain processing activities.
  • Complaint: If you wish to file a complaint about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority. Users can exercise all these rights by contacting us through the contact information or the contact page.
  • Rights related to automated decision-making, including profiling: website users may request that we provide a copy of the automated processing activities we conduct if they believe that data is being unlawfully processed.

Users may exercise their rights in relation to the personal data they provide to VPT, at any time, by sending us their request through our contact information and we will process and respond to their request as soon as possible.



9. CHILDREN’S ONLINE PRIVACY PROTECTION 

We comply with the requirements of the New York Privacy Act (“NYPA”), regarding the protection of personal data of minors. We do not collect any information from children under the age of 13. Our website and our services are directed to persons over the age of 13. If you become aware that your child has provided us with personal information, please contact us. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete that information and restrict access.


10. THIRD PARTIES

Except as otherwise expressly included in this privacy policy, this document addresses only the use and disclosure of information VPT collects from you. If you disclose your information to others, whether other users or suppliers on VPT, different rules may apply to their use or disclosure of the information you disclose to them. VPT does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. VPT is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the VPT website. VPT encourages you to ask questions before you disclose your personal information to others.


11. CONTACT US 

If you have questions or concerns about this privacy policy and the handling and security of your data, please contact us through our contact page or via the contact information below:

VPT.

nyphotoinfo@gmail.com


CANCELLATION POLICY


This refund policy applies to all services purchased through:

  • https://vacationphototour.com

Our cancellation policy forms part of our terms and conditions and our privacy policy, and should be read in conjunction with those documents. We reserve the right to modify this refund policy at any time without notice. Consult this cancellation policy before booking and contracting our services.



1. REFUNDS AND CANCELLATIONS

Photo shoot bookings may be cancelled according to the following provisions:

  • Photo shoots may be cancelled up to 7 days prior to the date of the shoot for a 100% refund. 
  • Photo shoots cancelled within 7 days and up to 72 hours prior to the photo shoot booking will receive a 90% refund. 
  • If the cancellation request is sent 72 hours prior to the session, the client will receive a 50% refund, 
  • If the cancellation request is sent 36 hours before the session or the client does not show up for the session, no refund will be granted.

To request cancellation of a photo shoot please contact us through our contact information.



2. REFUND PROCESSING

Once the cancellation of the photo session has been made through our contact information, the refund will be made according to the information contained in the previous clause. The refund will be processed through the original payment method. If after 5 business days from the cancellation of the photo shoot you have not received your refund, please contact us through our contact information.



3. CONTACT US

If you have any questions or concerns about this refund policy, please contact us through our contact page or by using the contact information below:

VPT.

nyphotoinfo@gmail.com





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