Terms and Conditions
Updated as of March, 2019
This website is operated by Anna McNaught (previously, The Liked Photo). Throughout the site, the terms “I”, “me” “we”, “us” and “our” refer to Anna McNaught. we 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.
Please read these Terms of Service carefully before accessing or using our website, courses, and services. By accessing or using any part of the site, courses, or services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. In order to use our Website, the User must have reached the legal age of 18 (or the age of consent in your jurisdiction) and be able to form a legally binding contract. Use of this Website by minors is not permitted.
The following policy discloses Terms for using our website and services. By accessing and browsing the Website or using the services, the User accepts, without limitation or qualification, to accept and adhere to the Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this site or services. The materials contained in this Website are protected by applicable copyright and trademark law.
Definitions
“Applicable Laws” shall mean all acts, laws, regulations, including but not limited to Data Protection Laws, applicable to each Party.
“Data Protection Laws” shall mean the applicable national laws concerning data protection and, if applicable, the national laws implementing Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data and Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of Personal Data and the protection of privacy in the electronic communications sector (ePrivacy Directive) and the subsequent directives and regulations such as the General Data Protection Regulation (Regulation no. 2016⁄679) and their national implementations and related national legislation.
“EEA” shall mean the European Economic Area.
“EU” shall mean the European Union.
“Personal Data” shall mean all information that is directly or indirectly referable to a natural living person such as name, email address, IP-address, location data etc.
“Personal Data Breach” shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Data Processing Agreement Under GDPR Regulation
We may under this DPA process Personal Data on behalf of the Customer according to the instructions of the Customer. The Personal Data is and shall remain the property of the Customer, and the Customer takes full responsibility for the Personal Data, including that such data does not infringe any third-party rights or in any other way violate Applicable Laws.
This DPA is intended to constitute and shall be interpreted as a written data processing agreement between the Customer and the company pursuant to applicable Data Protection Laws
The processing
We shall process the Personal Data relating to the categories of data subjects and shall consist of the processing operations as set out In This Terms. We shall process the Personal Data for the purpose of providing the Service to the Customer.
Term of processing
This terms, and DPA shall enter into force once you view or use our services or website, sign our contracts, and, subject to the below terms below, shall remain effective until the Agreement is terminated or expires.
Upon the termination or expiry of the Agreement, without entering into a new data processor agreement replacing this DPA, the provisions of this DPA, subject to the discretion of the Customer, shall continue to apply as long as and to the extent Personal Data is processed by the company pursuant to the instructions of the Customer.
Eligibility
We make this website available for personal use only, and you are prohibited from using our website (or any other related domain) website for any other purpose, except as put forth in a written consent by www.annamcnaught.com and www.thelikedphoto.com
Furthermore, you must have reached the legal age of 18 (or the age of consent in your jurisdiction) and be able to form a legally binding contract. If you meet these eligibility criteria, we grant a limited, revocable, nonexclusive, no assignable, and non-sub licensable license to use www.annamcnaught.com and www.thelikedphoto.com in compliance with these terms of use.
You may not use this website if you are proscribed from receiving such products under the USA laws or any other country from which you use the website or products
You represent that you possess the full power and authority to accept these terms of use; to grant the license; and to execute all the obligations hereunder.
As an eligible user, you may not distribute, transmit, license, or publish the website or its content for commercial purposes; may not remove any copyright, trademark or any other proprietary notices from any part of our website; and/or infringe upon our intellectual property rights in your use of the website.
Anna McNaught and The Liked Photo respects the privacy of all its Website Users and is seriously committed to maintain and protect the confidentiality of personal data from its Users. The Privacy Policy, which rules the use of User data, forms an integral part of the Terms of Use.
The latest privacy policy has incorporated elements from the General Data Protection Regulation (GDPR) (EU) 2016/679 as we act in accordance to its personal information processing rules within the European Economic Area (EEA) to come into effect 25 may 2018.
Legal Agreement
This is a legally binding agreement between Anna McNaught and you for the provision of the products requested, and these terms shall govern the agreement between you and us to the ruling out of any other terms or conditions.
You agree to abide with these terms of use as laid out in this agreement and any other terms found on our website
Indemnification
You hereby agree to protect, safeguard and hold Anna McNaught and The Liked Photo Website, its owners, affiliated companies, and their managers, directors, officers, and employees blameless and innocent against all liabilities, charges, damages, legal costs and accounting fees and all other expenses related to any claims or any legal actions brought against Anna McNaught and The Liked Photo Website because of your breach of any portion of these terms or any other liabilities connected to your use of this website.
Copyrights
Except as otherwise stated, all materials, which without limitation include spreadsheets and other templates, pictures, graphics, designs, videos, icons, and any other written materials found on and made available through www.annamcnaught.com and www.thelikedphoto.com are copyrighted, trademarked, controlled or licensed by Anna McNaught and The LIked Photo, its affiliates or by their respective creators. All said materials are protected by the USA law and international copyright laws.
Content uploaded by Vendors remain their intellectual property and all copyrights belong to them. Anna McNaught and The LIked Photo receives a royalty-free license to use the related marketing material (e.g. pictures, screenshots, videos, etc) for marketing purposes and has every right to publish, edit, translate, publicly display and make derivative work of such. In case users decide to withdraw their Content, Anna McNaught and The Liked Photo will stop market their Content.
As a User, you may not distribute, transmit, license, or publish the Website or its content for commercial purposes; may not remove any copyright, trademark or any other proprietary notices from any part of our Website; and/or infringe upon our intellectual property rights by using our Website.
Links To Other Websites
Throughout this Website, you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any third-party website via a link on this Website, you do so at your own risk. Should any legal infringement become known to us, we will happily remove the respective link.
You must note that these third party website have different privacy policies than we do, and that we are in no way responsible for the way they may ask for and collect information from you and/or the way they use and disclose such information.
We advise that you read the privacy policy of all third-party website you visit before using such website.
Website Proper Use And Termination
Use of this Website is only permitted for the intended Purpose. The User shall not upload, distribute, or otherwise publish through this Website any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of America or the laws of any other country that may apply; or (c)violates, infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
We reserves the right to remove any Content at its sole discretion, if its false, misleading, harmful in any way or if its detrimental or potentially destructive to the stated Purpose or these Terms of Use. We also reserves the right to remove Content which might not meet the quality standards deemed to be appropriate.
Anna McNaught and The Liked Photo reserves the right to discontinue, alter or stop publishing the Website and/or any of its services at any time in its sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, оr if Anna McNaught and The Liked Photo stop publishing to the website.
License And Permitted Use
By purchasing Content or Services from Anna McNaught and The Liked Photo the User receives a temporary, royalty free, strictly personal usage right for services purchased from us for the intended Purpose.
Permission is granted to temporarily download one copy of the materials (information or software) on Anna McNaught and The Liked Photo web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Anna McNaught and The Liked Photo website;
remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Anna McNaught and The Liked Photo at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format
Disclosure Of Your Information Under GDPR Compliance
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our website may allow third-parties, including our authorized service providers and advertising companies to display ads on our website. Some of these companies use tracking technologies such as cookies, to acquire information about the users who view or interact in some way with their advertisements. Please note that our website does not disclose any personal detail to these third parties, in this regard.
We may reveal your personal information, which may include your full name and contact address to our preapproved service providers that carry-out certain services on our behalf. We may also share your private information with appropriate legal authorities/government officials in reply to a subpoena, similar investigative demand, or a court order, if compelled to do so under the EU GDPR compliance Regulation
Barring these, we will under no circumstances knowingly sell, exchange or otherwise give your personal information to third parties.
Geo-Location Terms
The Services, the website, and the API may include and make use of certain functionality and services provided by third-parties that allow Anna McNaught and The LIked Photo to include maps, geocoding, places and other Content from Google, Inc. ("Google") as part of the Services (the "Geo-Location Services"). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
Data Protection Under EU GDPR Regulation
IMPORTANT: The Privacy Notice sets out the type of information that we will collect, store and process in connection with your contribution via our website.
The Privacy Notice also sets out all of the rights that you have in connection with the personal data we collect, store and our obligations to protect that personal data.
Please ensure that you have read and understood the terms of our Privacy Notice.
You acknowledge that, in collating the KYC information in accordance with these Terms, we may require you to provide information and documents relating to:
your identity;
your personal information
your contact and/or business address;
any information associated with your account held with us; or
any other document from which you may be identified, (the “Personal Data”).
We will not disclose the Personal Data save as expressly permitted by these Terms and/or the Data Protection Legislation.
Anna McNaught and The Liked Photo shall Process the Personal Data in accordance with the Data Protection Law and for the purposes more specifically detailed in the privacy notice.
The user warrants and represents that it has read and understood the privacy notice.
We will keep a record of any processing of Personal Data it carries out on behalf of the Contributor.
At your request, we shall provide you with a copy of all Personal Data held by it in the format and on the media reasonably specified by you.
You acknowledge, understand, accept, represent and warrant that, in accepting these Terms, you are irrevocably consenting to the ability of us to process and/or transfer your Personal Data to another country within the European Economic Community.
You acknowledge, accept and understand that, if required and permitted under these Terms, we may transfer Personal Data to a country outside of the EEA on the basis that the recipient affords the Personal Data an adequate level of protection and on the basis that you have the same rights (and the ability to enforce those rights) in respect of your Personal Data with the recipient.
Payment/Fees
All clients can access and use our website at no cost at all. You can use the website to purchase your favorite Anna McNaught and The Liked Photo products on the website; gain access to coupons; and read our blog; at absolutely no cost to you if you are a fan of the website.
You understand and accept that while it is absolutely free to register both as a user and as a buyer on the Anna McNaught and The Liked Photo website, we will require purchaser/user to pay to be able to buy our products
We currently use PayPal and onsite credit/debit card payment system as payment for a secure & safe on-line Experience
We do not have any influence on PayPal so you can be sure that Anna McNaught and The Liked Photo will not be able to see, keep, store or use your credit card details at any time.
Refunds
Digital Products and Courses: We do not offer refunds on any digital products. Courses allow for a 7 day refund window if you present and show your work and can prove that this is not working for you or your business.
Services: Refunds are not available on any services that have begun. This includes but is not limited to, account set up, consultation time, Instagram management, design or photo services. Deposits and first installments of a payment plan or long-term contract, are non-refundable. All payments are final.
Any services that have been paid for but have not begun are eligible for a refund. A 10% fee will be held along with any original credit card processing fees. Please review your contract for special circumstances.
Management Terms:
Instagram and social media management offers no guarantees for growth on said account. Liking and following will be done by an automated system pending Instagrams terms and conditions. Liking and following are an add on service based on client interest and Instagram terms. We have no control over the amount of growth your social media accounts may gain or lose. Please note, management services are NOT growth services and we cannot guarantee results.
This refund and term policy is updated frequently overrules any/all previous or current contracts.
Disclaimer
Our Website, Resources, Products and Services are provided on an “as is” basis. Anna McNaught and The Liked Photo does not give any warranties or assurances that it will satisfy the User’s expectations or requirements. There is expressively no warranty provided for any eventual mistakes, omissions of the Content or that all materials are accurate and up to date. The Content might have errors or omissions in it, be outdated or not be applicable to the User’s specific situation.
It is the responsibility of the User to select the appropriate Content suitable and applicable to his specific use case. Anna McNaught and The Liked Photo will do its best to keep a high-quality standard of the Content and Services offered via its Website and welcomes User input to improve the quality of our Content and Resources.
Opinions, advice, statements, offers, or other information or Content made available through our Website, but not directly by Anna McNaught and The Liked Photo, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Anna McNaught and The Liked Photo is not responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Anna McNaught and The Liked Photo
Anna McNaught and The Liked Photo nor its or other associated parties will not be liable for any direct or indirect damages or losses which might have occurred directly or indirectly by using the Website, Content or Services from us.
We cannot guarantee that our Website will be available at all times, as it might be affected by technical issues beyond our control. Where possible, we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
We cannot guarantee results from our services.
Our Cookies Policy
Anna McNaught and The Liked Photo uses the “cookies” technology to make it possible for our users to always enjoy a user friendly registration process. Our use of cookies also helps us to improve users’ general experience. We may automatically, through the use of cookies, collect information about your online activities on our website, such as the links you opened, the pages viewed by you, and the searches you carried out on our website.
You have the choice of denying cookies on your browser but your denial of cookies may mean that you will not be able to use some of the interactive features provided on our website.
Please note that the cookies we employ are saved on your browser’s local storage.
Account Usage Requirements
Anna McNaught and The Liked Photo accounts can only be used by the person whose name they are registered under. We reserve the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, we will not take legal responsibility for these accounts.
Account Security
Anna McNaught and The Liked Photo prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.
You shall be solely responsible for the safekeeping of your Anna McNaught and The Liked Photo account and password on your own, and you shall be responsible for all activities under your log-in email, Anna McNaught and The Liked Photo account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the site, etc.).
You hereby agree that:
you will notify Anna McNaught and The Liked Photo immediately if you are aware of any unauthorized use of your Anna McNaught and The Liked Photo account and password by any person or any other violations to the security rules;
you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the Application/service; and
you will log out from the website by taking proper steps at the end of every visit.
Anna McNaught and The Liked Photo will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.
Security Of Information Under GDPR Compliance
Anna McNaught and The Liked Photo always does its utmost to protect your personal information. To prevent illegal access, maintain data accuracy, and ensure the proper use of information, we use practical administrative practices and actions to protect your information.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
You however understand that there is no full assurance of security for information made available on or through the internet. Anna McNaught and The LIked Photo will thus not bear responsibility for unauthorized access to your information that is beyond our control.
Limitations
In no event shall Anna McNaught and The Liked Photo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Anna McNaught and The Liked Photo Internet site, even if Anna McNaught and The Liked Photo or a Anna McNaught and The Liked Photo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Electronic Communications
When you use Anna McNaught and The Liked Photo website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Anna McNaught and The Liked Photo features, such as our Message Center, and you can retain copies of these communications for your records.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Revisions And Errata
The materials appearing on Anna McNaught and The Liked Photo Website could include technical, typographical, or photographic errors. Anna McNaught and The Liked Photo does not warrant that any of the materials on its Website are accurate, complete, or current. Anna McNaught and The Liked Photo may make changes to the materials contained on its Website at any time without notice. Anna McNaught and The Liked Photo does not, however, make any commitment to update the materials.
Copyright License
Copyright (c) 2018(s) of first publication Anna McNaught and The Liked Photo
Subject to the express provisions of these terms of use
Anna McNaught and The Liked Photo, together with our licensors, own and control all the copyright and other intellectual property rights in Anna McNaught and The Liked Photo website and the material on our website; and
The entire copyright and other intellectual property rights Anna McNaught and The Liked Photo website and the material on our website are reserved.
Governing Law And Jurisdiction
This Terms of Use is construed under and in accordance with the applicable USA law and EU GDPR Compliance. Its courts shall have exclusive jurisdiction in any proceedings or actions arising out of this agreement.
It has also been compiled so as to comply with USA law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR) and of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.
However, ultimately it is your choice as to whether you wish to use our website. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of America
Please contact us for any question you might have with respect to these Terms of Use.