Terms of Use + Privacy Policy

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 the KELLY BROYLES PHOTOGRAPHY , LLC (defined below), which governs your use of Products (defined below) obtained by purchase through this website at KellyBroylesPhotography.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 BROYLES PHOTOGRAPHY, LLC, doing business as KELLY BROYLES PHOTOGRAPHY.

“Products” referred to by these Terms include but are not limited to: sessions, photographic items, digital images and other related items 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 BROYLES PHOTOGRAPHY. All such Products are the intellectual property of and are owned by KELLY BROYLES 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 BROYLES 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.

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 BROYLES PHOTOGRAPHY is a photographer through which you may obtain photographic sessions & products.

PRIVACY POLICY

KELLY BROYLES PHOTOGRAPHY permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available below which is incorporated herein by reference.

KELLY BROYLES PHOTOGRAPHY will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. KELLY BROYLES 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 BROYLES PHOTOGRAPHY is the sole manager of such information collected on the Site. KELLY BROYLES PHOTOGRAPHY will use such information to respond to you as necessary. You grant KELLY BROYLES 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 BROYLES PHOTOGRAPHY to help support the maintenance of the Site. KELLY BROYLES 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 BROYLES 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 BROYLES 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 BROYLES PHOTOGRAPHY ‘s services, and; (d) any other intellectual property rights afforded to KELLY BROYLES PHOTOGRAPHY, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, KELLY BROYLES 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 BROYLES PHOTOGRAPHY’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. KELLY BROYLES 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 BROYLES PHOTOGRAPHY grants you a non-exclusive, non-transferable license to download, view, copy and print the 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 BROYLES 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 BROYLES PHOTOGRAPHY will not reimburse you for such downloads. KELLY BROYLES PHOTOGRAPHY will, at your request, apply a one-time only $50 re-download fee if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by KELLY BROYLES PHOTOGRAPHY.

CONTACT

By using the Site and entering personal information, you give KELLY BROYLES 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 BROYLES PHOTOGRAPHY know by emailing us at Kelly@KellyBroylesPhotography.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 BROYLES 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 BROYLES PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, KELLY BROYLES 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 BROYLES PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of KELLY BROYLES PHOTOGRAPHY. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the ELKVIEW, WV. KELLY BROYLES 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 BROYLES PHOTOGRAPHY’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

Kelly@KellyBroylesPhotography.com

All rights reserved © Copyright 2016. KELLY BROYLES PHOTOGRAPHY.

Privacy Policy

KELLY BROYLES PHOTOGRAPHY (“we” or “us”) is sensitive to concerns that personal information collected from its customers (“you” or “your”) be handled respectfully and appropriately. This Privacy Policy (the “Policy”) discloses the privacy practices for KELLY BROYLES PHOTOGRAPHY and applies solely to information collected by the web sites WWW.KELLYBROYLESPHOTOGRAPHY.COM including any related domains and subdomains (the “Sites”). This Policy is intended to notify you of the following:

What personally identifiable information KELLY BROYLES PHOTOGRAPHY collects from you through the Sites, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
What Information Is Collected?

Internet Traffic Data
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through KELLY BROYLES PHOTOGRAPHY to allow for a more customized and enjoyable user experience.

Cookies
We use “cookies” on these Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our Sites.

Personal Information
KELLY BROYLES PHOTOGRAPHY must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier Information is only collected by your personally providing such information to KELLY BROYLES PHOTOGRAPHY via e-mail, by phone, or otherwise through KELLY BROYLES PHOTOGRAPHY website pursuant to making a purchase or requesting service.

Testimonials
KELLY BROYLES PHOTOGRAPHY may display personal testimonials of yours from time to time received via email or as otherwise received from you by KELLY BROYLES PHOTOGRAPHY. By accepting the Terms of Use and Privacy Policy you give KELLY BROYLES PHOTOGRAPHY specific consent to use such personal testimonial. If you would like KELLY BROYLES PHOTOGRAPHY to remove your testimonial or customer review at any time, please simply contact us at Kelly@KellyBroylesPhotography.com, and we will promptly do so.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on the Sites. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.

We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us or request that we discontinue sending of email and other communications at any time at any time by contacting us at Kelly@KellyBroylesPhotography.com.

Security
We take precautions to protect your information. When you submit sensitive information via the Sites, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon at the bottom of your web browser.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Registration
In order to use these Sites, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders
We request information from you on our order form. To buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Third Parties
Please be aware that some of our business partners may use cookies or other methods of tracking and targeting use on our site (advertisers, for example). However, we have no access to or control over these cookies and this Privacy Policy does not extend to such third parties. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Identifier Information.

Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.

If have any questions about this Privacy Policy, you may contact us via email at Kelly@KellyBroylesPhotography.com.