Terms and conditions
Please read these Terms and Conditions of use carefully before using or obtaining any materials, information, products or services through ralucamihaila.ro. By accesssing ralucamihaila.ro, you agree to accept, without limitation or qualification, all of these terms and conditions of use. If you do not accept these Terms and Conditions of Use, please exit ralucamihaila.ro immediately.
1. Terms of use
This Agreement governs your use of this Internet site located at http://www.ralucamihaila.ro (collectively, the "Site") and is by and between Raluca Mihaila Photography (Utopic Brain SRL) (referred to herein as "us", "our", or "we") and you, on behalf of yourself and the buyer, member or supplier for which you have registered ("You"). By using, viewing, transmitting, caching, storing and / or utilizing the Site, the services or functions offered in or by the Site and / or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. You and Raluca Mihaila Photography are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
2. Eligibility
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. The information contained in or through the Site is based upon sources believed to be accurate and reliable and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. These materials were prepared for us by our personnel and others.
3. Copyright
This Site, including each of its modules, is the copyrighted property of Raluca Mihaila and Utopic Brain SRL. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Raluca Mihaila Photography (Utopic Brain SRL). Unauthorized use of this Site and /or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Utopic Brain SRL and Raluca Mihaila and may not be used by anyone for any purpose without our prior express written consent.
4. User submissions
By submitting any ideas, comments, suggestions or other information to us related to improvements to the Site and / or services related to the Site; (collectively, the "Submission"), You agree that such Submission shall be deemed, and shall remain, Raluca Mihaila Photography (Utopic Brain SRL) property. None of the Submission shall be subject to any obligation of confidentiality on Raluca Mihaila Photography (Utopic Brain SRL) part and Raluca Mihaila Photography (Utopic Brain SRL) shall not be liable for any use or disclosure of any Submission. Raluca Mihaila Photography (Utopic Brain SRL) shall own all rights related to the Submission and shall be entitled to use of the Submission without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Raluca Mihaila Photography (Utopic Brain SRL).
5. Content liked on the website
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing or recommending such sites or the materials featured by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
There may be links to other sites from the Site pages that take you outside of the Site. This includes links from advertisers, sponsors, and content partners that may use our logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. We reserve the right to disable links from any third party sites to the Site. Keep in mind that whenever you give out information online, that information can be collected and used by unknown persons. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Utopic Brain and Raluca Mihaila may use cookies when the user is navigating on this Website. These cookies may be activated by Raluca Mihaila Photography (Utopic Brain SRL) or on our behalf by a third party contracted to provide measuring services. Cookies are files sent to the browser via a web server with the aim of recording user activity during their navigation through the Website. The cookies used by the Website are associated only with an anonymous user and their computer, which means that the cookies do not contain any of the user's personal data. The use of cookies means that the server on which the Website is hosted can recognize the web browser used by the user, with the aim of making navigation simpler and allowing, for example, users who have previously registered to access areas, services, promotions or competitions reserved exclusively for registered users without having to provide their registration data on each visit. They are also used to measure user numbers and the parameters of web traffic, and to control the progress and number of hits. The user has the option to configure their browser so that they will be advised of the receipt of cookies and can prevent these being installed on their computer. Please consult your browser's instructions and user manuals for more detailed information. To use the Website the user does not need to enable the installation of cookies sent by the Website or the third party acting on behalf of Raluca Mihaila Photography (Utopic Brain SRL), without prejudice to the need for the user to begin a new session as such for each of the services that require prior registration or login.
7. Indemnification
You agree to indemnify and hold Raluca Mihaila Photography (Utopic Brain SRL) and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Raluca Mihaila Photography (Utopic Brain SRL) failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our products and officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Raluca Mihaila Photography (Utopic Brain SRL) or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. Access and interference
You will not use any process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without our prior express written consent or the appropriate third party.
The information (including the Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
9. Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement.
10. Governing Law
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and / or sell products and / or services. Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of Romania applicable to contracts entered into and to be performed entirely within Romania. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in the Court of Law of Bucharest, Romanian.
11. Communication
Questions or comments regarding the Site and the information contained in the Site should be directed to boutique@ralucamihaila.ro at Raluca Mihaila Photography. Any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.
Revised: June 2023
National Authority for Supervising Personal Data Processing
National Authority for Consumer Protection