Terms and Conditions
Terms and Conditions of Use
LAST UPDATED January 2019
BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
Katy Moses Photography LLC (the “COMPANY”) welcomes you to katymoses.com and any other sites operated by the Company (the “SITE”); including but not limited to:
USE OF SITE
This website is provided solely for the use of current and future customers of COMPANY to provide you with information about the company, to permit you to place orders for the products and services, and to enable you to contact my team with any questions or comments that you may have. Any other use of this site is prohibited.
You may not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:
i. Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. Any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. Any encouragement of illegal activity;
iv. Unauthorized use or disclosure of private, personally identifiable information of others; or
v. Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including without limitation, all images, designs, photographs, writings, graphs, data, courses, programs, and other content (“MATERIALS”) are the property of COMPANY and are protected by various copyrights, trademarks, trade secrets, and or other proprietary rights and intellectual property laws.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must provide correct attribution to COMPANY.
I am glad to have you share my content, but you must retain all copyright and other proprietary notices on all copies of the MATERIALS.
The COMPANY authorizes you to view or download a single copy of the MATERIALS on the SITE solely for your personal, noncommercial use if you include the following copyright notice:
Copyright © Katy Moses Photography, LLC. All rights reserved.
You shall comply with all copyright laws worldwide in your use of this SITE and prevent unauthorized copying of the MATERIALS. Except as provided in this AGREEMENT, COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
PAYMENTS AND FINANCIAL INFORMATION
All sales are considered final. The COMPANY does not provide refunds.
If COMPANY based on illegal sharing of any MATERIALS revokes your access to the SITE; you are not entitled to a refund.
COMPANY participates in affiliate promotional relationships with other businesses. COMPANY fully discloses that some links provided are affiliate links. As an affiliate link, a small cookie is placed when you click on the link, and if you click through to a final purchase with the promoting business, then COMPANY may receive a financial or promotional benefit.
Your use of this SITE does not require that you click through or follow any links provided on this SITE.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk.
Neither COMPANY, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the MATERIALS.
The MATERIALS may contain errors, omissions, inaccuracies, or outdated information. Further, COMPANY does not warrant reliability of any statement or other information displayed or distributed through the site.
COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. COMPANY may make any other changes to this site, the MATERIALS and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
COMPANY, its licensors, its suppliers, or any third parties mentioned on the SITE shall be liable only to the extent of actual damages incurred by you, not to exceed the lesser of (1) the amounts you have paid COMPANY for Services or Content made available to you on this SITE, or (2) $500.00 USD
You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this SITE must be commenced within six months after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, COMPANY may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “LINKED SITES”). If you use any LINKED SITES, you will leave this site. If you decide to visit any LINKED SITE, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
LINKED SITES, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by LINKED SITES are not investigated, verified, monitored, or endorsed by COMPANY.
Except where clearly indicated, COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LINKED SITE, other than linked information authored by COMPANY.
Links do not imply that COMPANY or this SITE sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any LINKED SITE is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates or subsidiaries.
Except for links to information authored by COMPANY, COMPANY is neither responsible for nor will it be liable under any theory based on
i. any LINKED SITE;
ii. any information and/or content found on any LINKED SITE; or
iii. any site(s) linked to or from any LINKED SITE.
If you decide to visit any LINKED SITES and/or transact any business on them, you do so at your own risk. COMPANY reserves the right to discontinue any LINKED SITE at any time without prior notice. Please contact the webmasters of any LINKED SITES concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION,
AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado, U.S.A., without reference to its conflict-of-law provisions.
COMPANY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Jefferson County, Colorado, USA for any disputes with COMPANY arising out of your use of this site.
This Agreement constitutes the entire agreement between COMPANY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and COMPANY with respect to this website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from COMPANY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.