By accessing our website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by us at any time at our sole discretion. Your use of this website constitutes your acknowledgment and acceptance of these Terms and Conditions and any and all amendments thereof.
This website is operated by Lena Bushart Photography / Mothers of the Earth.
Throughout the site, the terms “we”, “us”, “our”, “our company”, and “the company”, refer to Lena Bushart. Lena Bushart Photography offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Acknowledgment
By visiting our site, purchasing something from us, accessing our offerings or content, and/or using any of Lena Bushart Photography services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all visitors and users who access or use the website, including without limitation users who are browsers, customers, vendors, merchants, and/ or content contributors. If you disagree with any part of these Terms and Conditions, then you may not access the website or use any services.
You affirm that you are at least 18 years of age, or are using this site under parental or legal guardian supervision.
Your access to and use of the website is also conditioned on your acceptance of and compliance with the Privacy Policy posted on our website. Please read our Privacy Policy carefully before
using our website.
Any revision of these Terms and Conditions is the exclusive and reserved right of Lena Bushart Photography. Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Access to and Use of This Website
Your use of this site is limited: the resale or commercial use of mothersofthe.earth, its products, services and intellectual property is strictly prohibited.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Lena Bushart Photography/Mothers of the Earth.
You agree to use this website only for the lawful purposes described here. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to the website or its content. You agree not to add, to substract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties. To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is true, correct, and complete. If our company believes the information you provide is not true, correct, or complete, we reserve the right to refuse your access to this website or any of its services, and to terminate or suspend your access at any time, without notice.
This Website is provided solely for non-commercial, personal use, and/or so that you may learn about our company and the services we provide. You may not use this website for any other purpose, including, without limitation, any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (a) co-brand this Website, or (b) frame this Website, or (c) hyperlink to this Website, without the express prior written permission of an authorized representative of our company. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to publish, distribute or display this website or content accessible within this website. You agree to cooperate with our company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Products and Services
You may not use our products and services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.
We reserve the right to refuse service to anyone for any reason at any time.
Placing Orders for Products and Services
By placing an order for products or services through the website, you represent that you are at least the age of majority in your state or province of residence and that you are legally capable of entering into binding contracts.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Your Information
If you wish to place an order for products or services available on the website, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (a) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (b) the information you supply to us is true, current, correct, and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating
the completion of your order.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Order Cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
- Product availability
- Errors in the description or prices for products or services
- Errors in your order
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected
Your Order Cancellation Rights
A product or service may be canceled prior to the processing of payment. Once payment has been processed, the buyer is responsible for payment. Any purchase on our website can only be canceled in accordance with these Terms and Conditions and our Refund Policy. Our Refund Policy is and shall be considered as part of these Terms and Conditions. Please read our Refund Policy to learn more about your right to cancel your order.
Refund and Return Policy
All products, services, merchandise, and subscriptions purchased from Mothers of the Earth are non-refundable and non-returnable. Monthly Membership subscriptions can be canceled at any time, and you will still have access to your membership until your subscription ends.
Availability and Accuracy of Information
We are continuously updating our offerings on the website. Occasionally the products and services available on our website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our offerings on the website and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product specifications and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
Pricing Policy
Prices for our products are subject to change without notice. There are no refunds or price protection in the event of a price reduction or promotional offering after time of purchase. We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change,
suspension, or discontinuance of the Service.
Payments
All payments are due upon receipt according to the payment options offered. If no payment is received or if payment form is declined, no items will be shipped or services provided. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay in placing Your Order.
Recurring Payments for Monthly and Annual Subscriptions
If an error occurs when collecting the recurring payment from the payment method associated with monthly or annual subscriptions, then we will attempt to collect the payment within seven (7) days of the charge date, and if we are still not able to collect the recurring payment within seven (7) days after the charge date, access to the subscription will be removed and we will waive the right to charge on that missed recurring payment.
We will cancel that subscription and will not attempt to collect any future charges on that subscription. If the recurring payment is collected within the said seven (7) days period, then the subscription will be kept active, and we will continue to collect recurring payments for that subscription accordingly.
Promotions
Any promotions made available through the website may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.
User Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our website. You may not
use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar,
or obscene.
Intellectual Property
The website and its original content, features and functionality are and will remain the exclusive property of the company and its licensors.
Copyright
All technology, mothersofthe.earth contents, including but not limited to text, graphics, images, videos, audio clips, digital downloads, data compilation or code is protected by copyright and proprietary rights, all rights reserved.
Trademarks
All trademarks, service marks, and trade names of Mothers of the Earth are trademarks of Mothers of the Earth. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the company, or unless authorized in writing elsewhere on our website. You are prohibited from using any of the marks or logos appearing throughout the website without the express written permission of the company.
Hyperlinks
This Website may be hyper-linked to other Third-Party Media Services and Third-Party Vendors which are not maintained by or related to the company. The inclusion of any hyperlink to a Third-Party Media Service or Third-Party Vendor does not imply endorsement, sponsorship, or recommendation by the company of that Third-Party Media Service or Third-Party Vendor. Hyperlinks to such Third-Party Media Services and Third- Party Vendors are not sponsored by or affiliated with this website or company. Our company has not reviewed any such Third-Party Media Services and Third-Party Vendors and is not responsible for their content. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these hyperlinks or of Third-Party Media Services and Third-Party Vendors hyperlinked to this website. If you access a hyperlink to a Third-Party Media Service or Third-Party Vendor, please be aware that you will leave our website and will become subject to the terms and conditions of the linked Third-Party Media Services or Third-Party Vendor.
Our company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service or Third-Party Vendor. You further acknowledge and agree that our company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Media Services or Third-Party Vendors. We recommend that you make yourself aware of the terms and conditions of any Third-Party Media Services or Third-Party Vendors you access from our company’s website.
Submissions
You hereby grant to Mothers of the Earth the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our company through this website (collectively, hereinafter referred to as “Submission”), and to incorporate any Submission in other works in any form, media, or technology, now known or later developed. Our company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our company will treat any personal information that you submit through this website in accordance with its Privacy Policy as set forth on this website.
Disclaimer
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any part of this website, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant that the results that may be obtained from the use of the service will be accurate, reliable. correct, timely or otherwise.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
The information, products and services offered on or through the website and by our company and any third-party media services and third-party vendors are provided “as is” and without warranties of any kind, whether express or implied, statutory, or otherwise. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. We make no representation of any kind that the website will meet your requirements, be compatible or work with any other software, applications, systems or websites, operate without interruption, or meet any performance or reliability without limiting the foregoing, neither the company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (a) as to the operation of the website, or the information, content, and materials or products included thereon; (b) that the website will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the website; or (c) that the website, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
With regards to the content offered on the website: The purpose of all content, presentations, products and services offered by Mothers of the Earth is to convey information only. The use of any information provided on this website is solely at your own risk. Nothing stated or posted on this website or available through any third-party media services or third-party vendors are intended to be, and must not be taken to be, the practice of medical, legal, or financial advice or service.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the website will cease immediately. If you wish to terminate your account, you may simply discontinue using the website. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Limitation of Liability
You expressly agree that your use of, or inability to use, the website and services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Way Forward, its subsidiaries, affiliates, service providers, suppliers, contractors, interns, content providers, licensors, employees, agents, officers, or directors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
Mothers of the Earth Terms and Conditions are your agreement to indemnify, defend, and hold harmless Mothers of the Earth, its subsidiaries, officers, directors, employees, agents, affiliates, licensors, content providers, service providers, contractors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to Your use of the information accessed from this Website.
Prohibited Uses
You may not post, send, submit, publish, or transmit in connection with this Website any
content that:
- You do not have the right to post, including proprietary material of any third party;
- Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;
- Is vulgar, obscene, pornographic/displays nudity, or indecent
- Is false or misleading information;
- Threatens or abuses others, libels, defames, invades privacy, or stalks;
- Is racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking
- for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including,
- without limitation, violating anyone’s copyrights or trademarks or their rights of
- publicity;
- Violates any law or may be considered to violate any law;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this website;
- Solicits funds, advertisers, or sponsors;
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
- Amounts to a “pyramid” or similar scheme;
- Collects or tracks the personal information of others;
- Disobeys any policy or regulations established from time to time regarding the use of this website or any networks connected to this website; or
- Contains hyperlinks to other Websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorized Content”).
The above list of Unauthorized Content is not exhaustive and may be updated from time to time by the company without any prior notice. It is your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this website. Although under no obligation to do so, we reserve the right to monitor the use of this website to determine compliance with these Terms and Conditions, as well as the right to remove or refuse posting any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Changes to Terms and Conditions
We reserve the right, at our sole discretion, to update, change, or replace these Terms and Conditions at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
