Welcome to Kelly Weatherholt Photography

 These terms and conditions outline the rules and regulations for the use of Kelly Weatherholt Photography's Website.  

 Kelly Weatherholt Photography is located in Florida.

    

 By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Kelly Weatherholt Photography's website 

 if you do not accept all of the terms and conditions stated on this page.

TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Kelly Weatherholt Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at kellyweatherholt.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Kelly Weatherholt Photography, LLC, doing business as Kelly Weatherholt Photography.

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Kelly Weatherholt Photography.  All such Products are the intellectual property of and are owned by Kelly Weatherholt Photography.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Kelly Weatherholt Photography's Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Kelly Weatherholt Photography is a resource through which you may obtain portrait photography services. 

 PRIVACY POLICY

Kelly Weatherholt Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: http://www.kellyweatherholt.com/privacy-policy which is incorporated herein by reference.

Kelly Weatherholt Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Kelly Weatherholt Photography will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Kelly Weatherholt Photography is the sole manager of such information collected on the Site.  Kelly Weatherholt Photography will use such information to respond to you as necessary.  You grant Kelly Weatherholt Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Kelly Weatherholt Photography to help support the maintenance of the Site.  Kelly Weatherholt Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Kelly Weatherholt Photography from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Kelly Weatherholt Photography owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Kelly Weatherholt Photography’s services, and; (d) any other intellectual property rights afforded to Kelly Weatherholt Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Kelly Weatherholt Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Kelly Weatherholt Photography's Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Kelly Weatherholt Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Kelly Weatherholt Photography grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Template Products you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Kelly Weatherholt Photography is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Kelly Weatherholt Photography will not reimburse you for such downloads.  Kelly Weatherholt Photography will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Kelly Weatherholt Photography.

 CONTACT

By using the Site and entering personal information, you give Kelly Weatherholt Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Kelly Weatherholt Photography know by emailing us at kelly.weatherholt@gmail.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final. 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. KELLY WEATHERHOLT PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  KELLY WEATHERHOLT PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, KELLY WEATHERHOLT PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO KELLY WEATHERHOLT PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

    By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Kelly Weatherholt Photography's website 

    if you do not accept all of the terms and conditions stated on this page.

    The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice

    and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website

    and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers

    to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client

    or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake

    the process of our assistance to the Client in the most appropriate manner, whether by formal meetings

    of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect

    of provision of the Company's stated services/products, in accordance with and subject to, prevailing law

    of . Any use of the above terminology or other words in the singular, plural,

    capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.Cookies

    We employ the use of cookies. By using Kelly Weatherholt Photography's website you consent to the use of cookies 

    in accordance with Kelly Weatherholt Photography's privacy policy.Most of the modern day interactive web sites

    use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site

    to enable the functionality of this area and ease of use for those people visiting. Some of our 

    affiliate / advertising partners may also use cookies.License

    Unless otherwise stated, Kelly Weatherholt Photography and/or it's licensors own the intellectual property rights for

    all material on Kelly Weatherholt Photography. All intellectual property rights are reserved. You may view and/or print

    pages from https://www.KellyWeatherholt.com for your own personal use subject to restrictions set in these terms and conditions.

    You must not:

    

        Republish material from https://www.KellyWeatherholt.com

        Sell, rent or sub-license material from https://www.KellyWeatherholt.com

        Reproduce, duplicate or copy material from https://www.KellyWeatherholt.com

    

    Redistribute content from Kelly Weatherholt Photography (unless content is specifically made for redistribution).

Hyperlinking to our Content

    

        The following organizations may link to our Web site without prior written approval:

            

            Government agencies;

            Search engines;

            News organizations;

            Online directory distributors when they list us in the directory may link to our Web site in the same

                manner as they hyperlink to the Web sites of other listed businesses; and

            Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,

                and charity fundraising groups which may not hyperlink to our Web site.

        These organizations may link to our home page, to publications or to other Web site information so long

            as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or

            approval of the linking party and its products or services; and (c) fits within the context of the linking

            party's site.

        

        We may consider and approve in our sole discretion other link requests from the following types of organizations:

            

                commonly-known consumer and/or business information sources such as Chambers of Commerce, American

                    Automobile Association, AARP and Consumers Union;

                dot.com community sites;

                associations or other groups representing charities, including charity giving sites,

                online directory distributors;

                internet portals;

                accounting, law and consulting firms whose primary clients are businesses; and

                educational institutions and trade associations.

     

    We will approve link requests from these organizations if we determine that: (a) the link would not reflect

    unfavorably on us or our accredited businesses (for example, trade associations or other organizations

    representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed

    to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from

    the visibility associated with the hyperlink outweighs the absence of Kelly Weatherholt Photography; and (d) where the

    link is in the context of general resource information or is otherwise consistent with editorial content

    in a newsletter or similar product furthering the mission of the organization.

 

    These organizations may link to our home page, to publications or to other Web site information so long as

    the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval

    of the linking party and it products or services; and (c) fits within the context of the linking party's

    site.

 

    If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,

    you must notify us by sending an e-mail to Kelly.Weatherholt@gmail.com.

    Please include your name, your organization name, contact information (such as a phone number and/or e-mail

    address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,

    and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

 

    Approved organizations may hyperlink to our Web site as follows:

        By use of our corporate name; or

        By use of the uniform resource locator (Web address) being linked to; or

        By use of any other description of our Web site or material being linked to that makes sense within the

            context and format of content on the linking party's site.

    

    No use of Kelly Weatherholt Photography's logo or other artwork will be allowed for linking absent a trademark license

    agreement.

Reservation of Rights

    We reserve the right at any time and in its sole discretion to request that you remove all links or any particular

    link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also

    reserve the right to amend these terms and conditions and its linking policy at any time. By continuing

    to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

    If you find any link on our Web site or any linked web site objectionable for any reason, you may contact

    us about this. We will consider requests to remove links but will have no obligation to do so or to respond

    directly to you.

    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness

    or accuracy; nor do we commit to ensuring that the website remains available or that the material on the

    website is kept up to date.

Content Liability

    We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify

    and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any

    page on your Web site or within any context containing content or materials that may be interpreted as

    libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or

    other violation of, any third party rights.

Disclaimer

    To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

    limit or exclude our or your liability for death or personal injury resulting from negligence;

    limit or exclude our or your liability for fraud or fraudulent misrepresentation;

    limit any of our or your liabilities in any way that is not permitted under applicable law; or

    exclude any of our or your liabilities that may not be excluded under applicable law.

    

    The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)

    are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or

    in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort

    (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free of charge,

    we will not be liable for any loss or damage of any nature.

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Florida.  Kelly Weatherholt Photography reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Kelly Weatherholt Photography’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

kelly.weatherholt@gmail.com

All rights reserved © Copyright 2020  Kelly Weatherholt Photography

Credit & Contact Information

    This Terms and conditions page was created at privacytermsgenerator.com generator. If you have

    any queries regarding any of our terms, please contact us.

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       Kelly.Weatherholt@gmail.com                                                          (407) 545-3961

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