Agreement to Terms and Conditions of Use
Kat Smith Photography owns and/or maintains the following web sites:
Fair Use Rights
All articles, blog posts, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Kat Smith Photography, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use and share, through social media web sites, articles, blogs and other material purposely made available by Kat Smith Photography for sharing from the Site, provided that you (1) do not remove any proprietary notice language included on, or incorporated into, such material, (2) use such material only for your personal, non-commercial informational purpose and, except to share through social media web sites (e.g., Twitter, Facebook, etc.), do not copy or post such material on any networked computer or broadcast it in any media, (3) make no cuts or modifications to any such material or make any derivative works from any materials and (4) not make any additional representations or warranties relating to such material.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
Unless otherwise provided on the Site, all articles and blogs contained on the Site are copyright protected material owned by the author of such material and made available on the Site through a license granted by the author to Kat Smith Photography.
If you have any questions concerning the usage or licensing of material or other Content contained on the Site, please submit your questions in writing to our team at firstname.lastname@example.org
Kat Smith Photography owns various trademarks, including graphics, logos, service marks, trade dress, and U.S. trademark registrations. Kat Smith Photography’s trademarks and trade dress may not be used in connection with any product or service that does not originate from Kat Smith Photography, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kat Smith Photography. By using this Site, you acknowledge the validity of the Kat Smith Photography marks.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Kat Smith Photography reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Kat Smith Photography server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any Kat Smith Photography account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Kat Smith Photography’s systems or networks, or any systems or networks connected to the Site or to Kat Smith Photography.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kat Smith Photography on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, including a fictitious entity or individual.
Links to Other Sites and to the Kat Smith Photography Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under Kat Smith Photography’s control, and Kat Smith Photography is not responsible for and does not endorse the content of Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
KAT SMITH PHOTOGRAPHY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, WITHOUT NOTICE, KAT SMITH PHOTOGRAPHY MAY MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. KAT SMITH PHOTOGRAPHY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KAT SMITH PHOTOGRAPHY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF COMPUTER VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KAT SMITH PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. WINDY CITY ARTS,Inc. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KAT SMITH PHOTOGRAPHY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WINDY CITY ARTS,Inc. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
IN NO CASE SHALL KAT SMITH PHOTOGRAPHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, INTERNS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KAT SMITH PHOTOGRAPHY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
KAT SMITH PHOTOGRAPHY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU ON THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KAT SMITH PHOTOGRAPHY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BY USING THE SITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD KAT SMITH PHOTOGRAPHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, INTERNS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY KAT SMITH PHOTOGRAPHY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM KAT SMITH PHOTOGRAPHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF KAT SMITH PHOTOGRAPHY’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Kat Smith Photography may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kat Smith Photography’ rights or property, or the rights or property of visitors to or users of the Site. Kat Smith Photography reserves the right at all times to disclose any information that Kat Smith Photography deems necessary to comply with any applicable law, regulation, legal process or governmental request. Kat Smith Photography also may disclose your information when Kat Smith Photography determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Kat Smith Photography may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. Kat Smith Photography may also, in its sole discretion and without prior notice, terminate your access to the Site for any reason or for no reason whatsoever.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the Federal Arbitration Act, by the laws of the United States and by the laws of the State of Idaho without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Blaine County, Idaho, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Kat Smith Photography and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. In such a case, the parties will each bear their own costs related to any arbitration proceeding including payment of their own attorneys’ fees.
For California Residents only. Kat Smith Photography seeks to comply with the California Civil Code Section1798.80-1798.84 Any questions regarding the use of personal information for marketing purposes can be directed to Kat Smith Photography at email@example.com
Void Where Prohibited
Kat Smith Photography administers and operates the Site from its location in Hailey, Idaho USA. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Kat Smith Photography shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2015 Kat Smith Photography All rights reserved.