TERMS OF SERVICES
This website is operated by Kris M Photography. Throughout the site, the terms “we”, “us” and “our” refer to Kris M Photography. Kris M Photography offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Services”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Services apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Services carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Services are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Services. You can review the most current version of the Terms of Services at any time on this page. We reserve the right to update, change or replace any part of these Terms of Services by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix.com They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks;
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the services are provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store or your customer folder. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Kris M Photography. Except as explicitly provided herein, nothing in these Terms of Services shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
OPTIONAL TOOLS PROVIDED ON OUR WEBSITE
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Services.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments;
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the services will be accurate or reliable.
You agree that from time to time we may remove the services for indefinite periods of time or cancel the services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the services is at your sole risk.
The service and all products and services delivered to you through the services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kris M Photography, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the services, 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, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Kris M Photography and our parent, subsidiaries, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Services or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Services are effective unless and until terminated by either you or us. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Services, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.
These Terms of Services and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Services).
Any ambiguities in the interpretation of these Terms of Services shall not be construed against the drafting party.
These Terms of Services and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
Photo Service Terms & Conditions
These (“Terms”) govern the use of the Kris M Photography Services (also “Kris M Photography”). These Terms apply both to clients (also “User”) and to Kris M Photography
Your access and use of the Kris M Photography Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Kris M Photography. If you do not agree to these Terms, you may not access or use the Kris M Photography Services.
– “User” (also “client”) means a person who is interested in photo or video session
Kris M Photography offers their photography services such as (not limited to) Brand Through Lenses Packages which can be booked by the User. Custom packages can be agreed with client as well.
Kris M Photography declares that he/she holds all the permissions and authorisations necessary to provide photography or video services (if such permissions and authorisations are required by the applicable law).
The non-binding booking and inquiry is made by sending the “booking form” on the Kris M Photography website (user can alternatively send inquiry via email, WhatsApp etc.) by the client. All other details regarding the photo or video shoot are then arranged and specified via emails or other communication services (i.e. phone calls, WhatsApp, text messages etc.). User is invited to pay the deposit via payment gateway (we reserve the right to use PayPal or cash payment directly to the photographer if needed) after all the details of the photo shoot are cleared.
Client always pays the deposit of the required package to book the date that was agreed during the booking process (Cancelation Policy applies.)
The outstanding amount of the payment must be paid before the scheduled date of photo shoot in order to finalize the booking. The binding booking is made after receiving the full payment from User. Invoice for providing photography service will be issued to the User by Kris M Photography. Please note that the final price will be always shown and charged in €. (Euro)
Additional travel fee may apply if the user wants the photo shoot to happen outside of the Killarney city (the client will always receive notice in advance about this).
If photo shoot is cancelled due to Kris M Photography’s fault, we will fully refund you. Please note that we will always try to do our best to reschedule your photo shoot so there will be no need for cancellation fees.
Notification of cancellation from the User:
– More than 10 days before the scheduled photo shoot: 20% of deposit fee.
– Less than 10 days before the scheduled photo shoot: 50% cancellation fee.
– 3 Days before the photo shoot and less: no refund.
DELIVERY OF PHOTOS / VIDEOS
Digital proofs of the photographs taken during the photo shoot will be available on Kris M Photography’s website no later then14 days (depending on the Package) of the photo shoot. The link to this gallery will be send to you via email that you submitted to the booking form. User is required to choose the photographs they wish to include in the photography package within 7 days from delivery of the proofs. If User fails to indicate their preference, the photographs will be chosen by Kris M photography. after the agreed photo session is completed. Videos are delivered via cloud delivery system no later than within 14 business days after the video shoot.
RAW files are never delivered to the client.
If there are more great photos than number specified before the shoot, then we’ll deliver preview watermarked gallery with all the good photos to the User. User then makes his/her selection of photos specified. The User can select more photos than specified in the package. Each additional photo costs € 10. The user will pay for additional photos once he/she finalizes the selection, the purchase is done online and the paid selected photos can be downloaded by the User together with the licence.
Only basic retouching such as colour balancing, cropping and minor cosmetic alterations will be performed by Kris M Photography as part of the photography package. Any major alterations such as background removal will be quoted for and charged separately upon User’s request.
(a) Kris M Photography will edit every take and deliver what it considers to be the best of every situation covered;
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
User has the rights to use all delivered photos/ videos for personal and commercial use. User could e.g. print the photos, share with friends etc. The User retains copyright for the photos. We will never sublicense or sell your photos (we might do so but we’ll always ask you for your explicit consent before doing so). We reserve the right to use the photos for promotional purposes on Kris M Photography’s website or, social media profiles, printed materials, articles about Kris M Photography on third party publishers (both online and offline magazines, blogs, paid PPC campaigns etc.
User could inform us on writing at the time of booking, that he or she does not agree with such usage and we would never use the photos in such way.
By booking the service you agree that you are familiar with the style of your chosen Photographer and you agree to receive photos in such style and quality. In case of any problem with the photo or video shoot please contact Kris M Photography immediately so we could handle the complaint as soon as possible. We will do our best to solve the issue.
We have no control over vis major, extraordinary circumstances and weather conditions. Photo shoots could take place in any weather conditions since our Photographers are professionals and could suggest locations where it is possible to shoot in the rain etc. Sometimes rainy photo shoots are even more original, extraordinary and interesting than traditional “sunny days” photo shoots. However, we will try to rearrange (with no guarantee) day and time of the photo shoot if there is bad forecast for the day of the photo shoot. Payment is not refundable because of the bad weather.
LIMITATIONS OF LIABILITY:
Kris M Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Kris M Photography’s control, Kris M Photography’s liability is limited to the return of all payments received for the photography package.
It is the User’s responsibility to ensure that the digital photographs are adequately backed up after their delivery on User’s PC or external hard drive. In case of loss or damage of the storage, Kris M Photography cannot guarantee that the photographs will remain available after their delivery to the User.
The User hereby grants Kris M Photography and assigns the irrevocable and unrestricted right to use and publish photographs of the User facilities or in which the User and his/her staff members or guests be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The User hereby releases Kris M Photography and assigns from all claims and liability relating to said photographs. It is the User who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Kris M Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the User then the User shall indemnify Kris M Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
Questions about the Terms of Services should be sent to us at firstname.lastname@example.org