Terms and Conditions
Introduction
These Terms of Use (this “Agreement”) constitute a legally binding agreement between you, the User (“User”, “You”), and Times Square Photography, LLC and its subsidiaries (collectively referred to as “We”, “Us”, “Our”, or “Times Square Photography”). This Agreement governs your use of the website and services provided through timessquarephotography.com (the “Site”), including but not limited to the reservation services and booking services (the “Reservation Services” and “Booking Services”).
Acknowledgment and Acceptance of Terms of Service
By accessing the Site and utilizing the Services, or by clicking “accept” or “agree” to this Agreement, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. You represent and warrant that you are of legal age and that you are not prohibited by law from accessing and utilizing the Services.
Times Square Photography may update, or revise this Agreement (including any referenced policies, procedures, and terms) from time to time. You agree to review this Agreement periodically. Your continued use of the Services after any modifications will constitute your acceptance of the revised Agreement. If you do not agree to the terms of this Agreement, or any modified version thereof, your sole recourse is to cease using the Services.
Reservation Services
A. Personal Information
Certain Services, including the Reservation Services, may require you to provide specific personal information to facilitate reservations and confirm your identity. This personal information may include your name, email address, and telephone number (collectively referred to as “Registration Information”).
In consideration of your use of the Services, you agree to:
- Provide true, current, complete, and accurate information as prompted by the Services.
- Maintain and promptly update this information as necessary to keep it true, current, complete, and accurate.
Your Registration Information will be retained by Times Square Photography for the purpose of providing Services and for any other purpose to which you have consented. Please refer to our Privacy Policy for additional information.
B. Reservations
Times Square Photography provides Reservation Services to assist you in securing bookings with participating third-party restaurants, venues, and other services (collectively referred to as “Partners” or “Service Providers”). When you make a reservation and/or booking through the Times Square Photography Site, we will access the Service Provider’s reservation system to check availability.
Reservations are confirmed via email or SMS provided by Times Square Photography’s booking and/or reservation systems. Availability is subject to change at the time of your request.
C. No-Show Policy
Times Square Photography is dedicated to providing high-quality services; however, each Partner has its own policies regarding cancellations and no-shows. Times Square Photography accepts no liability for these policies or their enforcement. Users should familiarize themselves with each service provider’s cancellation terms as outlined in their confirmation communications.
To use the Reservation and Booking Services, you may be required to provide valid debit or credit card information. If you wish to cancel a reservation, it must be done in accordance with the respective service provider’s cancellation policy.
D. Usage Guidelines
You agree to utilize the Reservation and Booking Services exclusively for legitimate reservations, and to uphold those reservations by arriving punctually or being present at the agreed-upon venue. The booking of multiple reservations for personal use during the same session(s) is strictly prohibited. The resale or attempted resale of reservations is strictly forbidden and may result in the cancellation of your bookings, or termination of your access to the Services.
Privacy Policy
Times Square Photography is dedicated to protecting your online privacy. Please refer to our Privacy Policy for detailed information regarding the collection, utilization, and disclosure of information related to our Services.
Communications from Times Square Photography
A. Marketing Communications
If you would like to receive marketing communications from Times Square Photography or selected third parties, you must opt-in. Marketing communications may include emails or SMS messages, and you can opt-out at any time.
You can unsubscribe from email communications by clicking the “Unsubscribe” link provided in the footer of our emails. Likewise, you can modify your SMS marketing preferences on your profile dashboard.
B. Service Operation Communications
Times Square Photography will send notifications via email or SMS to confirm booking details and may conduct follow-up surveys or feedback requests after service completion.
Technical Requirements
Utilizing the Services necessitates an internet connection via computer or mobile device. Users are responsible for any associated mobile carrier charges. Times Square Photography does not guarantee compatibility with all devices or carriers. Certain features may necessitate JavaScript to be enabled.
Modifications to Services
Times Square Photography reserves the right, at its sole discretion, to modify the Services at any time without prior notification, including adding, removing, or altering portions of the Site. Times Square Photography shall not be held liable for any such modifications. Should you object to any modifications, your sole recourse is to discontinue use of the Services.
Intellectual Property Rights and Grant of Rights to User
The features and materials provided through the Services are protected by copyright, trademark, and other intellectual property laws. All content made available through the Services (collectively, “Times Square Photography Content”) is provided solely to support your permitted use of the Services. No license is granted for any other purpose, and any unauthorized use may constitute a material breach of this Agreement.
User Restrictions
The Services and Times Square Photography Content are intended for personal use only. Times Square Photography reserves the right to refuse service, remove or edit content, cancel reservations, or deny access to the Services at its discretion.
You agree not to:
- Use automated means to access the Services or copy any Times Square Photography Content without authorization.
- Take actions that impose an unreasonable load on the Services.
- Interfere with the functionality or security of the Services.
- Rent, lease, or sublicense any portion of the Services or Content.
- Use any portion of the Services for competitive analysis or benchmarking.
- Engage in any illegal activities involving the Services.
Termination
Times Square Photography may suspend your access to the Services or terminate this Agreement immediately, without notice, at its discretion. If you violate this Agreement or any associated policies, your access may be revoked.
User Content
The Services may allow you to submit reviews, comments, ratings, and other content (“User Content”). You are responsible for ensuring that your User Content does not violate any laws or third-party rights.
By submitting User Content, you grant Times Square Photography a non-exclusive, perpetual, and irrevocable license to use, modify, and distribute your content globally. Times Square Photography is not responsible for User Content submitted by you or any other third party.
Your Representations and Indemnity
You represent that you own or control all rights to any User Content you submit and that such content does not infringe on any third-party rights. You agree to indemnify Times Square Photography and its affiliates against any claims arising from your User Content or violation of this Agreement.
Liability Limitations
Except as prohibited by law, Times Square Photography shall not be liable for any injury, loss, claim, or damages arising from your use of the Services, or related activities. You acknowledge that you assume all risks associated with your use of the Services.
Disclaimer of Warranties
The Services, and all associated content are provided on an “as-is” basis. Times Square Photography disclaims all warranties, express or implied, including warranties of merchantability, or fitness for a particular purpose. Times Square Photography does not guarantee uninterrupted or error-free operation of the Services.
Links to Third-Party Websites
The Services may contain links to third-party websites. Times Square Photography does not control these websites and is not responsible for their content. Inclusion of any third-party links does not imply endorsement of the material on those sites.
Release
You release Times Square Photography from any claims or liabilities arising from your interactions with any of our service providers.
Severability
If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
No Assignment
This Agreement may not be transferred or assigned by you but may be assigned by Times Square Photography at its discretion.
Waiver
Any waiver of any provision of this Agreement shall not be construed as a continuing waiver or as creating an expectation of non-enforcement.
Choice of Law
This Agreement shall be governed by the laws of Scotland. You consent to the exclusive jurisdiction of the Scottish courts in all disputes arising from this Agreement.
Right to Erasure
If you wish to delete your data, please notify us at support@timessquarephotography.com.
Alterations
Times Square Photography reserves the right to change these Terms and Conditions at any time. Changes will take effect upon posting on the website.
Last Updated: December 7, 2024.
• TIMES SQUARE PHOTOGRAPHY®™ •