Products referred to by these Terms include but are not limited to: anything 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 Crystal McMonnnies Photography. All such Products are the intellectual property of and are owned by Crystal McMonnnies Photography.
By purchasing and/or using 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 Crystal McMonnnies 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.
WHAT WE DO
Crystal McMonnnies Photography is a resource through which you may obtain portrait photography services, wedding photography services, and educational resources regarding our services.
Crystal McMonnnies Photography will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you. Crystal McMonnnies 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. Crystal McMonnnies Photography is the sole manager of such information collected on the Site. Crystal McMonnnies Photography will use such information to respond to you as necessary. You grant Crystal McMonnnies Photography a worldwide, royalty-free, non-exclusive 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.
Links on the Site may be affiliate links controlled by parties other than Crystal McMonnnies Photography to help support the maintenance of the Site. Crystal McMonnnies 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 Crystal McMonnnies Photography from any loss or damage incurred from dealing with such affiliate.
Crystal McMonnies Photography uses PIC TIME for online galleries, digital delivery of images, and as a store front. Please see terms of service here:
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
Crystal McMonnnies 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 Crystal McMonnnies Photography services, and; (d) any other intellectual property rights afforded to Crystal McMonnnies Photography, either through state or federal registration or as otherwise available at common law (Intellectual Property). Except as stated below, Crystal McMonnnies 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 Crystal McMonnnies Photography’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Crystal McMonnnies 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 Site.
(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.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Crystal McMonnnies 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 Crystal McMonnnies Photography will not reimburse you for such downloads. Crystal McMonnnies Photography will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Crystal McMonnnies Photography.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED AS IS AND CRYSTAL MCMONNIES PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Crystal McMonnnies Photography uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Crystal McMonnnies Photography, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Crystal McMonnnies Photography ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via email at: email@example.com. In addition, Crystal McMonnnies Photography is unable to make representations or warranties as to the functionality of this Website, whether it is free of errors, and whether the server hosting the Website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Website is at your own risk. Crystal McMonnnies Photography, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, CRYSTAL MCMONNIES 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 ATTORNEYS FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO CRYSTAL MCMONNIES 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 the state of Washington. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Vancouver, WA. Crystal McMonnnies 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 Crystal McMonnnies Photography’s Products, materials, and services.
Any questions regarding the above Terms may be directed to: