Effective October 9th, 2020
RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY
The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Kierre’s Photography – Website, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Kierre’s Photography – Website.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Kierre’s Photography – Website or its parents, affiliates, or subsidiaries and may not be used by you without the prior written consent of Kierre’s Photography – Website or the appropriate owner. Your use of this Website does not grant you any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject you to civil or criminal penalties.
USE OF THIS WEBSITE
Kierre’s Photography – Website maintains this Website for your personal purchases of goods and services. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Kierre’s Photography – Website’s express written consent. All rights not expressly granted here are reserved to Kierre’s Photography – Website.
You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
Kierre’s Photography – Website DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
Kierre’s Photography – Website assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, text, images, video or audio from the Website or any linked Websites.
LIMITATION OF LIABILITY
In no event shall Kierre’s Photography – Website, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other Websites from, this Website. You acknowledge by your use of this Website, that your use of this Website is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
You agree to defend, indemnify and hold Kierre’s Photography – Website harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the Website.
ADDITIONAL TERMS AND CONDITIONS
PURCHASING FOR RESALE
Purchasing artwork from Kierre’s Photography – Website, for the purpose of resale is prohibited. Customers of this site may not purchase Kierre’s Photography artwork (i) as a professional reseller or (ii) in order to set up a retail store or website to sell any Kierre’s Photography artwork.
COMMUNICATIONS WITH THIS WEBSITE
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Kierre’s Photography – Website will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with this Website, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.
Any communication or material you transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Kierre’s Photography – Website cannot prevent the harvesting of information from this Website, and you may be contacted by Kierre’s Photography – Website or unrelated parties, by email or otherwise, within or outside of this Website. Anything you transmit may be edited by or on behalf of Kierre’s Photography – Website, may or may not be posted to this Website at the sole discretion of Kierre’s Photography – Website and may be used by Kierre’s Photography – Website for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Kierre’s Photography – Website is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products use of such information. If you transmit any ideas, concepts, materials or other communications to the Website, you accept that it will not be treated as confidential and may be used by Kierre’s Photography – Website without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.
At its sole discretion, Kierre’s Photography – Website may modify or discontinue the Website, or may modify or terminate your account or your access to this Website, for any reason, with or without notice to you and without liability to you or any third party.
UNAFFILIATED PRODUCTS AND WEBSITES
Descriptions of, or references to, products, publications or Websites not owned by Kierre’s Photography – Website or its affiliates do not imply endorsement of that product, publication, or Website. Kierre’s Photography – Website has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at your own risk.
UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED
This Website shall be governed by, and your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of South Carolina, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Kierre’s Photography – Website intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Kierre’s Photography – Website in the United States, which may be outside of Your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.