Terms & Conditions

Welcome to this KellyM Photography website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KellyM Photography. PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE YOU MUST IMMEDIATLY DISCONTINUE USING THE SITE.

 

Ownership of This Website This website is owned and operated by KellyM Photography. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, illustrations and software (“Content”), is owned by KellyM Photography, its licensors and its content providers. All elements of KellyM Photography websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with KellyM Photography, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of KellyM Photography or its licensors unless otherwise expressly agreed. You shall indemnify KellyM Photography, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

 

Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND KellyM Photography EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. KellyM Photography WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT KellyM Photography, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither KellyM Photography nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. KellyM Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability. There may be links to other websites from the KellyM Photography website; however, these other websites are not controlled by KellyM Photography and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against KellyM Photography regarding the inclusion of links to outside websites or your use of those websites. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

 

Governing Law and Venue This Agreement shall be interpreted, construed and governed by the laws of South Africa, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of South Africa and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, KellyM Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-SA court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of KellyM Photography, such action is necessary or desirable. No Waiver, Severability No action of KellyM Photography, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between KellyM Photography and you relating to your use of this website.

Copyright © 2014, KellyM Photography. All rights reserved.

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