Terms of Use

Krystal Craven Photography Terms of Use

Please read these terms carefully before using this site or making a purchase!

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Terms of using this site

The terms of use apply to all users of www.krystalcraven.com (this "Site"). By using this Site you are agreeing to comply with and be bound by these Terms of Use. You may not access or use this Site if you do not agree with these Terms of Use.

 

Acceptance of our Privacy Policy

Krystal Craven Photography ("Krystal Craven", "us", "we" and "our") allows you to control management of your personal information collected by us and require you to also agree to the terms of the Privacy Policy available here. We only collect information you voluntarily provide to us and will not sell or distribute to third parties, unless required to do so by law. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

All information you provide to us will be handled according to our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control. 

 

Your Obligations

You agree that in providing personal information to this Site, it will be true, accurate, current, and complete. You have an obligation to update all personal information as necessary. 

 

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT notice

This Site, including all its Content, such as text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations are owned by us and protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries, including international copyright laws. The compilation of all content on this site is the exclusive property of Krystal Craven or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

 

TRADE MARKS AND SERVICE MARKS

Krystal Craven Photography trademarks, service marks, and trade dress may not be used in connection with any product or service that is not owned by Krystal Craven Photography, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Krystal Craven Photography. All other trademarks not owned by Krystal Craven Photography or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Krystal Craven Photography or its subsidiaries.

 

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent from us. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressed written consent from us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Krystal Craven Photography and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the name Krystal Craven Photography or trademarks without the expressed written consent from us. Any unauthorized use terminates the permission or license granted by Krystal Craven Photography. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Krystal Craven Photography so long as the link does not portray Krystal Craven Photography, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Krystal Craven Photography logo or other proprietary graphic or trademark as part of the link without expressed written permission. We do not grant you any rights to any Intellectual Property contained within any products sold or made available to you through this Site. You agree to not make any unauthorized use of or otherwise infringe upon our Intellectual Property in any way. We will take necessary legal action to protect our Intellectual Property in the event of an infringement to ensure compliance with our Terms of Use. 

 

YOUR MEMBERSHIP 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. If you are under 13, you may use our website only with involvement of a parent or guardian. Krystal Craven Photography and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Krystal Craven Photography and our associates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS

All items purchased from us are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Disclaimer

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY WE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR OWNERS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. BY USING THIS SITE YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

 

Indemnity

You agree to indemnify, defend and hold harmless this Site from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.

 

Waiver

Failure on our part at any time to require performance of any of these provisions or to exercise any right herein will not be deemed a waiver of any such provision or right. All waivers of provisions or rights must be done so in writing and unless expressly written to the contrary of our Terms, no waiver will be deemed breach of any provision of these Terms of Use or of any right provided herein will be construed as a waiver or succeeding breach of such provision or right under these Terms of Use. 

 

Governing Law

By visiting this Site, you agree that the laws of the state of California, United States, in the jurisdiction of Contra Costa County, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or our associates.

 

Severability

If any of these provisions be deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted as so to accomplish the original provision's objective as allowed by the law to the fullest extent. Regardless of the provision in question, it shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use and all remaining shall remain in full force and effect. 

 

DISPUTES

Any dispute relating in any way to your visit to this Site or to products you purchase through this Site shall be submitted to confidential arbitration in Contra Costa County, California, United States, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

MODIFICATIOn of Terms of Use

We reserve the right to make changes to this Site, policies, these Terms of Use, and our Privacy Policy at any time. These changes will become effective on the date the revisions are posted on this Site. It is your responsibility to periodically review our Terms of Use for changes. Your continued use of this Site after we have made changes to our Terms of Use constitutes your acceptance and agreement to be bound by the revised Terms of Use. If at any time you do not accept these Terms of Use, you may not use this Site. 

 

Terms of Product Purchase & Use

The following is an agreement between you ("purchaser") and Krystal Craven Photography ("Krystal Craven", "us", "we", "our"), which governs your purchase and/or use of "Products", including but not limited to: printed images, digital images, templates, workshops, communications, blog posts, and any other documents or products provided for free or paid purchase which you supply personal information in exchange for. All Products are the Intellectual Property of and are owned by Krystal Craven. By purchasing or using any of the Products, you are agreeing to be bound by these Terms, without any other conditions. If at any time you do not agree with these Terms, please discontinue using our Products. By purchasing or using any Products you warrant that you are at least 18 years of age or older and legally able to enter into a legally binding contract. 

 

License for Product Use

For non-paid Products offered on this Site, we grant you a non-exclusive, non-transferable license to download, view, and print the Products solely for your personal and individual use. This does not include any modification, reproduction, copying, distribution, transfer, or selling or any Products provided to you. This license is provided to you as long as you comply with this Terms of Use and abide by all copyright protections provided under the law, abide by all trademark and service mark protections provided under the law, and do not use the Products online or in any manner inconsistent as outlined above. For any photo Products, a use license will be provided directly to you upon delivery of such Products. Any violation of such licenses will result in legal action afforded us under copyright and trademark law and the revocation of your license for Product use.

 

Purchase & Return Policies

All Product purchases are non-refundable and no exchanges will be made under any circumstances. Due to the personal nature of photography, all sales are final. When purchasing a digital Product you will be given ample time to download your Product before the link expires. It is your responsibility to download the Product immediately and securely backup your Product. We are not liable for losses or damages that occur after download or a mistaken download or order. 

Please review our full Shipping and Returns policy, available during checkout, as these policies also govern your visit to this Site.

 
Questions regarding the Terms of Service or other policy related material can be directed to Krystal Craven Photography via email at kc@krystalcraven.com.