KELLY RICHARDSON, photographer                                             

THIS AGREEMENT GOVERNS YOUR TERMS OF USE OF KELLY RICHARDSON WEBSITE and Kelly Richardson’s Media.

This site is owned and operated by Kelly Richardson and use of this website is provided by Kelly Richardson to you on condition that you accept these Terms of Use and by accessing or using this Web Site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

Kelly Richardson may revise and update these Terms of use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its Media are intended for customers of Kelly Richardson. You may not use this Web site or the Media for any purpose that is not related to your business with Kelly Richardson. You are specifically prohibited from: (a) using any data mining or robots or similar data gathering or extractions methods; (b) downloading, copying, or re-transmitting any or all of the Web site or the Media without, or in violation of, a written license or agreement with Kelly Richardson; (c) manipulating or otherwise displaying the Web site or the Media by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register any party for any product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Media other than it’s intended purpose, as determined solely in Kelly Richardson’s discretion.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this web site. You may only use this Web site for lawful purposes.

Intellectual Property

All Materials/Media on this Web site are the property of Kelly Richardson and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Kelly Richardson, such as a License Agreement, any other use of these Materials without Kelly Richardson’s written permission is prohibited.

Internet software or computer viruses

Due to transmission problems, technical issues with the internet, or internet software these could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Kelly Richardson shall not be responsible for any software, computer viruses or other destructive harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing of this Web site or your downloading of any Materials or Media form this Web site. Kelly Richardson recommends that you install appropriate anti-virus or other protective software.

Web site and Materials and Media Provided “As Is”

This Web site and the materials are provided “as is” without representation, warranty, or condition of any kind, either express or implied, including but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Kelly Richardson does not represent or warrant that this Web site or the materials will meet your requirements or that their use will be uninterrupted or error free.

Limitation of Liability

You assume responsibility and all risk for use of this Web site and the Materials and Media including without limitation any of the information contained therein. In no event shall Kelly Richardson be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, damage, action, loss, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this Web site, the materials or any part thereof, or any rights granted to you here under.

Indemnification

You agree to indemnify and hold Kelly Richardson harmless against all claims or liability asserted against Kelly Richardson arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Applicable Law

This Web site is controlled, operated and administered by Kelly Richardson from the State of California, USA. This Web site can be accessed from all countries around the world. As each of these jurisdictions has laws that may differ from those of the State of California, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State Of California and the Federal Laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of California and acknowledge that you do so voluntarily.

General

Kelly Richardson’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision of provisions, or part thereof, that as nearly as possible reflects the terms of unenforceable provision of part thereof.

These Terms of Use and all documents relating thereto are to be drawn up in English.

Contact

If you have questions or concerns relating to this web site or the Terms of Use, please contact Kelly Richardson at Websitekelly@kellyrichardsonphotography.com.