TERMS AND CONDITIONS OF SITE USE

Updated: January 22, 2020

PLEASE READ THESE TERMS CAREFULLY

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. These Terms of Use (the “Terms”) govern your use of and access to www.kelseyswannphotography.com, and its sub-domains and affiliated sites, as well as Kelsey Swann’s (“kelseyswann.com” “my”, “me” or “I”) pages and accounts on Facebook®, Instagram®, and Pinterest® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

YOUR ACCEPTANCE OF MY PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of my Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review my Privacy Policy. All information provided to as a result of your use of this Site will be handled in accordance with my Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

1. SITE CONTENT

Kelsey Swann exclusively owns and controls the Sites, which provides information about my products and services. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $250 per incident for any unauthorized use of my content you are responsible for, at the sole discretion of Kelsey Swann.

2. INTELLECTUAL PROPERTY

Unless explicitly stated otherwise, as between you and Kelsey Swann, Kelsey Swann owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Kelsey Swann, and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.

3. THIRD PARTY RIGHTS

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Kelsey Swann either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at kswannphotos@gmail.com and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

4. LINKING TO OUR SITES

Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Kelsey Swann; (ii) present false or misleading information about kelseyswann.com; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

5. DISCLAIMER AND LIMITATION OF LIABILITY

The sites are provided on an “as is” and “as available” basis, without warranty of any kind but within the scope of the following Limitation of Liability Clause. Kelsey Swann, together with my affiliates, licensors, or service providers (the “released parties”) specifically disclaim all warranties express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose other than agreed, and non-infringement and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. The released parties do not guarantee the reliability, accuracy, completeness, safety, timelines, legality usefulness, adequacy, or suitability of any of the information or content on the sites. Accordingly, you agree to exercise caution, discretion, and common sense when using the sites. The risk for use of the site is borne by you, the visitor. 

Please especially note: Data communication via internet cannot be guaranteed to be error-free and/or available at all times. I cannot guarantee constant and continuous availability of my online systems.

LIMITATION OF LIABILITY: I am only liable for damages incurring from intent and gross negligence but I assume no liability for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.  

7. CHOICE OF LAW AND JURISDICTION; VENUE

The exclusive place of jurisdiction for all disputes arising between you and I is our place of business - San Diego, CA. Our legal relationship shall be governed by the laws of the State of California

8. YOUR COMMENTS AND CONCERNS

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to kswannphotos@gmail.com