Terms of Use

Website Terms of Use
 
Agreement between user and http://kkittle1.photobiz.com/
Welcome to http://kkittle1.photobiz.com/. The http://kkittle1.photobiz.com/ website (the "Site") is comprised of various web pages operated by Kittle Photography http://kkittle1.photobiz.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://kkittle1.photobiz.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
 
http://kkittle1.photobiz.com/ is a E-commerce Site
Photography Sessions
 
Electronic Communications
Visiting http://kkittle1.photobiz.com/ or sending emails to Kittle Photography constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kittle Photography is not responsible for third party access to your account that results from theft or misappropriation of your account. Kittle Photography and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
 
Kittle Photography does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://kkittle1.photobiz.com/ only with permission of a parent or guardian.
 
Cancellation/Refund Policy
Wedding Sessions will only be refunded if canceled more than 30 days ahead of set wedding date of services. If wedding session is canceled in less than 30 days from wedding date only 50% of the funds will be refunded. Any other portrait sessions will be fully refunded if canceled more than 24 hours ahead of time, if canceled (and not rescheduled) the day of services 75% of the payment will be refunded. Portrait Sessions can be rescheduled up to 3 months out to receive portrait session paid for without penalty, but must be rescheduled 24hours before the time of session.
 

Links to third party sites/Third party services
http://kkittle1.photobiz.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kittle Photography and Kittle Photography is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kittle Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kittle Photography of the site or any association with its operators.
 
Certain services made available via http://kkittle1.photobiz.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://kkittle1.photobiz.com/ domain, you hereby acknowledge and consent that Kittle Photography may share such information and data with any third party with whom Kittle Photography has a contractual relationship to provide the requested product, service or functionality on behalf of http://kkittle1.photobiz.com/ users and customers.
 
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://kkittle1.photobiz.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kittle Photography that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kittle Photography or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kittle Photography content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kittle Photography and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kittle Photography or our licensors except as expressly authorized by these Terms.
 
International Users
The Service is controlled, operated and administered by Kittle Photography from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kittle Photography Content accessed through http://kkittle1.photobiz.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Kittle Photography, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kittle Photography reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kittle Photography in asserting any available defenses.
 
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KITTLE PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. KITTLE PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KITTLE PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KITTLE PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KITTLE PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.