Terms and Conditions
This website is operated by thehayleyfiser.com. Throughout the site, the terms “we”, “us” and “our” refer to thehayleyfiser.com. thehayleyfiser.com 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. By accessing or using any part of the site, 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.
Any new features or tools which are added to the current store 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.
Our store is hosted on Squarespace and our Stock Shop is hosted on Shootproof. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to refuse or cancel any order or custom photo request made at any given time.
You understand that your content (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.
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 us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by us or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Photo Usage Agreement
Copyright, title ownership, and all rights now and in the future, for all purchased images, remain exclusively with Hayley Fiser.
Hayley Fiser is the sole and exclusive owner of all content found on this site and holds the copyright of all such content sold or distributed through thehayleyfiser.com as it’s vendor websites (ex: ShootProof, the website used to host the online stock photo shop for thehayleyfiser.com).
Purchased photo downloads or memberships may be included as part of the initial service contract or purchased from the online store. Hayley Fiser grants purchasers and members a non-exclusive license to download, copy and edit the purchased image(s). This license can be used for personal or commercial use, and does not expire.
Subscribers to the site, may not claim the images as their own. By becoming a subscriber you acknowledge that your subscription is a non-exclusive, limited-use license of all content provided by Hayley Fiser and thehayleyfiser.com.
There are no warranties, express or implied. Photographs are provided ‘as is.’
Due to the nature of digital products, all sales are final and non-refundable. If for any reason you are not satisfied, please email us at email@example.com and we will address your concerns.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products 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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Subscription Renewal & Cancellation
The Stock Shop subscription auto-renews on a monthly or annually based on the membership level you have chosen at the time of checkout.
Members are responsible for cancelling their subscription with thehayleyfiser.com via the Membership Account page. If you do not want your subscription to renew, you will need to cancel your membership BEFORE your renewal date which is shown in your Membership Account, upon which your subscription will continue until the end of your current term. You may cancel your membership at any time.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
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.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
You expressly agree that your use of, or inability to use, the service 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 thehayleyfiser.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.
You agree to indemnify, defend and hold harmless thehayleyfiser.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Otsego County, Michigan, United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 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.
Affiliate Program Agreement
thehayleyfiser.com (hereinafter referred to as “Company”) and its Affiliate come together, acknowledging Affiliate’s honest and well-intentioned desire to become an affiliate of Company’s products. By signing up to be an Affiliate in the Company’s Affiliate program the Affiliate agrees to use the Affiliate Program at their own risk and hereby voluntarily and willingly agree to the following:
Admission into the affiliate program of thehayleyfiser.com is available by invitation only; no affiliate may be created absent Company’s express, written consent and completion of this Agreement prior to the relationship beginning.
Company may terminate the relationship in writing should Affiliate fail to comply with the terms of this Agreement. If this occurs, the termination is effective immediately, and affiliate will be paid ONLY up until the date of the breach of this Agreement. (Date of breach is to be decided by Company and shall be controlling.)
Either party may terminate this Agreement for any reason by providing 30 days written notice to the other party, and the relationship will end on the 30th day after such notice was sent by the canceling party. Affiliate will be paid through this 30th day.
Affiliate understands that upon cancelation or termination of this Agreement, for any reason, any and all rights to use thehayleyfiser.com promotional materials also ends.
For all completed sales made on Company’s website thehayleyfiser.com through the affiliate link assigned to Affiliate, Affiliate will receive a commission of twenty-five percent (25%) of the first sale for membership plans (NOTE: This does not include the sale of any individual item purchases including but not limited to Lightroom presets and pay-by-photo stock photo shop images). “Completed Sale” means a purchase made on Company’s website, tracked through Company’s system and indicate Affiliate’s link as the source of the purchase, and actually paid to Company, less any transaction fees owed to third party payment companies. No commission will be paid for attempted sales that are not completed due to inability to run credit card or otherwise complete the sale, nor will commission be paid when a purchaser does not use Affiliate’s unique link to purchase the product. Commission will also not be earned on products purchased by Affiliate using the affiliate link, or members of Affiliate’s family. Purchasers must be separate individuals in need of Company’s services.
Commissions will be paid monthly via PayPal, on or about the twentieth day of each month, and will be adjusted for any purchases canceled or otherwise unable to be completed by Company.
Company reserves the right to change the commission rate and structure at the end of an Affiliate’s Term, prior to signing on for another term(if both parties so desire). Affiliate’s current commission rate when she signs on to become an affiliate cannot be “locked in” or otherwise preserved beyond the term in which it was signed. In other words, Affiliate understands and agrees the commission rate may change from term to term, and that he/she does not have a “guaranteed” commission rate.
Affiliate understands she not an employee of Company; Company has no control over Affiliate’s business or work. At the appropriate time in the year, if Affiliate has made over $600 U.S. Dollars through the affiliate program with Company, Company will provide Affiliate with the appropriate 1099 form confirming payments made throughout the year. Affiliate understands Company is not responsible for paying taxes on the income made; Affiliate will withhold an appropriate amount and pay taxes on the income herself.
Company may provide Affiliate with promotional materials, including photos, links, and descriptions of all products and services eligible for affiliate commission available for sale on thehayleyfiser.com (hereinafter “Promo Materials). Affiliate is welcome to use the Promo Materials as she wishes, but does not have to, and may simply promote Company’s services in discussions with potential clients and customers of Company.
Affiliate understands that any and all actions she takes are a direct reflection of Company and can create liability on the part of Company. Given this information, Affiliate agrees she will provide Company with a draft of any and all promotional text that Affiliate intends to use, including but not limited to postings on social media, emails going out to Affiliate’s list, and information being provided to Affiliate’s current clients.
Affiliate WILL NOT post or email any information about Company or Company’s products without express written approval by Company prior to the post or email. Once the post or email has been approved in writing by Company, Affiliate may continue to use the text of the post or email in the future, without the need for additional approval each time. Affiliate understands this rule is in place so Company may ensure Affiliate’s intended post and promotion accurately depicts Company’s products, and does not provide any accidental guarantees or other similar language not desired by Company. If Affiliate desires to use the Promo Material created by Company, no prior approval is needed.
Affiliate will not use any forms of paid advertisement to promote Company, including but not limited to Facebook Advertisements. Affiliate may “boost” an approved post promoting Company on Facebook, and/or a Facebook LIVE video promoting Company.
Affiliate agrees she may not assign her title as an affiliate to any other company, including a fully owned subsidiary, and shall not delegate the tasks of marketing or promoting Company’s services to anyone else on her team, in order to preserve the affiliate relationship and ensure any and all marketing or promotion remains of high quality.
USE OF INTELLECTUAL PROPERTY
Upon completion of this Agreement, Affiliate is granted a revocable, non-exclusive license to use the Promo Materials provided by Company for as long as this Agreement remains in effect, but for no longer than the term for which this Agreement was signed. Affiliate may include Promo Materials on her website to allow her website visitors direct access to Company website and affiliate purchase link; however, Affiliate may not alter, distribute, reproduce, or create new images or text from Promo Materials, without express approval by Company prior to use. Affiliate is not licensed to use any intellectual property of Company other than that which is provided as Promo Material, or sharing links/posts already posted by Company.
Affiliate also grants Company a revocable, non-exclusive license to use Affiliate’s trademark, business name, web page titles, and other copyrighted materials for the purpose of promoting or marketing Affiliate’s participation in the Affiliate Program, with approval from Affiliate, and if desired by Company. No such promotion will be made without permission from Affiliate.
Affiliate agrees she will let Company handle any questions or clarifications requested from a prospective client or purchaser of Company’s products, and will not attempt to answer specific customer service questions regarding Company’s products or services. Should a prospective client have any such questions for Company, Affiliate will direct this person to Hayley Fiser, who is reachable via email at firstname.lastname@example.org for clarification or to answer any questions. Such referral will not affect or impact Affiliate purchase in any way – prospective client may still use Affiliate’s link to purchase, and Affiliate will still obtain commission for any purchase made through Affiliate’s link.
LIMITATIONS OF LIABILITY
Affiliate represents and warrants that she has authority to enter into this Agreement and has all necessary rights and permissions to lawfully abide by and undertake each Affiliate obligation outlined in this Agreement. Affiliate represents that his/her business and company operate for legal purposes only, and does not or will not contain any material that he/she does not have express permission to post, or is illegal.
Company will not be liable to Affiliate for any lost profits (estimated or real), or for any damages, including but not limited to direct, indirect, special, consequential, punitive, incidental, foreseeable, or unforeseeable, under any theory of liability, including but not limited to contract or tort law. Any determined liability of Company shall in no event exceed any fees paid under this Agreement.
Affiliate is choosing to voluntarily participate as an affiliate of Company based upon her personal experience with Company, desire to promote Company, and honest belief that Company’s services are needed by those they know. Affiliate agrees to indemnify and hold harmless Company, thehayleyfiser.com, and any employees, contractors, other affiliates, or successors from any and all claims or causes of action, alleged liability, damages, or otherwise stemming from Affiliate’s participation as an affiliate of Company. Should Affiliate become dissatisfied with any portion of her relationship as an affiliate of Company, she agrees she will elect to terminate the relationship and no longer serve as an affiliate of Company, and will not make any negative, disparaging, or otherwise derogatory comments about Company or thehayleyfiser.com to clients, customers, on social media, or otherwise. Affiliate will not seek damages nor attempt to file any claim against Company for any perceived loss of income, earnings, or other similar claim that may or may not arise out of the affiliate relationship.
The failure of either party to seek damages under this Agreement based upon a perceived breach, or failure to insist on strict performance of any portion of this Agreement shall not be deemed a waiver of the party’s right to seek strict compliance of the Agreement in the future.
APPLICABLE LAW / DISPUTE RESOLUTION
This Agreement shall be governed by and under control of the laws of Michigan regardless of conflict of law principles, and regardless of location of Affiliate. Affiliate understands this and agrees that the laws of Michigan are to be applicable here.
Affiliate understands this is a voluntary program, not employment, and that no specific level of compensation or commission is guaranteed. Should Affiliate become dissatisfied with her position as an affiliate, she agrees that her recourse will be to terminate this Agreement, and simply not act as an affiliate beyond this term.
Should a dispute arise between Company and Affiliate, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Affiliate agrees that failure to achieve certain financial goals as an Affiliate are not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results that have been achieved by other Affiliates.) If unable to reach a resolution informally, the parties agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in United States, Michigan, within a reasonable amount of time. The parties agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current program, including the release of new tools and resources, shall be subject to these terms. Continued use of the program after any such changes shall constitute your consent to such changes.
Affiliate agrees to keep the details of commission made in connection with this Agreement confidential, and will not discuss with others, including other affiliates, without permission to do so from Company.
Company and Affiliate agree this Agreement constitutes the entire agreement, superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Affiliate understands that if something is not included in this Agreement, it does not apply and is not included within the affiliate program. Affiliate has taken any necessary measures to discuss further and have any questions answered by Company, and is in full agreement with the terms outlined herein.
Questions about the Terms of Service should be sent to us at email@example.com.