TERMS & CONDITIONS

Effective Date: MAR 02, 2026

1. acceptance of terms

These Terms & Conditions (“Terms”) govern your access to and use of the website operated under the name Jayna Ho Photography (“we,” “our,” or “us”) (the “Website”).

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

2. privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, disclose, and safeguard your personal information.

The Privacy Policy is expressly incorporated into these Terms by reference and forms part of the legally binding agreement between you and Jayna Ho Photography.

By accessing or using the Website, you acknowledge that you have read and understood the Privacy Policy.

In the event of any conflict between these Terms and the Privacy Policy, these Terms shall control with respect to intellectual property rights, legal liability, dispute resolution, and limitations of liability, and the Privacy Policy shall control with respect to data processing practices.

3. Intellectual Property Ownership

All content displayed on the Website, including but not limited to photographs, images, artwork, text, graphics, design elements, layout, branding, logos, and overall visual presentation (collectively, the “Content”), is the exclusive property of Jayna Ho Photography and is protected by United States and international copyright, trademark, and other intellectual property laws.

All photographs and original works are created solely by Jayna Ho and are owned exclusively by Jayna Ho Photography. Certain works may be registered with, or pending registration before, the United States Copyright Office. Registration does not limit or define ownership; all rights exist upon creation. No third-party works or commissioned materials are included unless expressly stated.

4. Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the website for personal, non-commercial use only. Nothing on this website grants or transfers any ownership rights to you.

You may not:

  • Copy, reproduce, distribute, republish, display, modify, or create derivative works from any content

  • Use any image for commercial, editorial, or promotional purposes

  • Remove copyright, watermark, or proprietary notices

  • Use content in connection with NFTs, blockchain-based assets, or tokenized media

  • Frame or embed images without authorization

This license terminates automatically upon violation of these Terms. We reserve all rights not expressly granted herein and will pursue enforcement to the fullest extent permitted by law, including statutory damages where applicable.

5. Prohibition on AI Training, Scraping, and Automated Collection

You may not, without express written permission:

  • Use any content from this website to train, fine-tune, develop, or improve artificial intelligence systems, machine learning models, generative technologies, or similar systems

  • Include any website content in datasets used for automated processing

  • Scrape, crawl, harvest, index, or extract content using bots, spiders, data mining tools, or automated means

  • Circumvent technological measures designed to protect content

Unauthorized use constitutes copyright infringement and may violate federal and state law.

We reserve the right to pursue all available legal remedies, including injunctive relief and statutory damages.

6. E-Commerce and Print Sales (When Enabled)

If physical prints or other products are offered:

A. Order Acceptance

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion.

B. Pricing

All prices are listed in U.S. dollars and may change without notice.

C. Payment

Payments are processed through third-party payment processors. We do not store complete payment card details.

D. Shipping and Risk of Loss

Shipping timeframes are estimates only. Risk of loss transfers upon delivery to the carrier.

E. Returns and Damaged Items

All sales are final unless otherwise stated. If an item arrives damaged, you must contact us within a reasonable time after delivery for review.

F. Taxes

Applicable sales taxes will be collected where required by law.

International shipments, if offered in the future, may be subject to customs duties or import taxes, which are the responsibility of the purchaser.

7. User Conduct

You agree not to:

  • Use the website for unlawful purposes

  • Interfere with or disrupt website functionality

  • Attempt unauthorized access to systems or data

  • Introduce malicious code

  • Misrepresent your identity

If commenting, accounts, or user submissions are enabled in the future, we reserve the right to remove content or terminate accounts at our sole discretion.

8. User-Generated Content (If Enabled)

If you submit comments or other content:

  • You grant us a non-exclusive, worldwide, royalty-free license to display such content on the website

  • You represent that your submission does not infringe third-party rights

  • We may remove or moderate content at any time without notice

9. Digital Millennium Copyright Act (DMCA) Policy

If you believe that content on this website infringes your copyright, you may submit a written notification including:

  • Identification of the copyrighted work claimed to be infringed

  • Identification of the allegedly infringing material

  • Your contact information

  • A statement of good faith belief that the use is unauthorized

  • A statement under penalty of perjury that the information is accurate

Notices should be sent to the contact email listed on this website.

We will respond to properly submitted notices in accordance with applicable law.

10. Disclaimer of Warranties

The website and all content are provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy

  • Uninterrupted availability

We do not guarantee that the website will be error-free or secure.

11. Limitation of Liability

To the fullest extent permitted by law, Jayna Ho Photography shall not be liable for:

  • Indirect, incidental, consequential, special, or punitive damages

  • Loss of profits, revenue, data, or goodwill

  • Service interruptions

  • Third-party service provider actions

In no event shall our total aggregate liability arising from or related to the website or any products purchased exceed the greater of:

(a) The amount paid by you for the specific product giving rise to the claim; or
(b) One hundred U.S. dollars ($100).

Nothing in these Terms limits liability for obligations that cannot be limited under applicable law.

12. Injunctive Relief

You acknowledge that unauthorized use of the website content may cause irreparable harm for which monetary damages may be inadequate.

We are entitled to seek injunctive or equitable relief, without the requirement of posting bond, in addition to any other remedies available at law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Jayna Ho Photography from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

  • Your misuse of the website

  • Your violation of these Terms

  • Your infringement of intellectual property rights

14. Attorneys’ Fees

In any dispute arising out of or relating to these Terms, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs to the extent permitted by law.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict-of-law principles.

Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Georgia.

16. Limitation Period

Any claim arising out of or relating to the website or these Terms must be filed within one (1) year after the cause of action arises, or it shall be permanently barred, except where prohibited by law.

17. No Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18. Force Majeure

We are not liable for delays or failure to perform resulting from causes beyond our reasonable control, including natural disasters, supply disruptions, internet outages, or governmental actions.

19. Modifications

We may update these Terms periodically. Updated versions will be posted with a revised effective date.

Continued use of the website constitutes acceptance of the revised Terms.