TERMS AND CONDITIONS OF USE, AND PRIVACY POLICY — PKZ Photography WEBSITE
The following Terms and Conditions of Use, and Privacy Policy fully apply to the PKZ Photography website.
TERMS AND CONDITIONS OF USE
Your Agreement with PKZ Photography.
Welcome to this PKZ 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 PKZ Photography ("PKZ PHOTOGRAPHY" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, LEAVE THIS WEBSITE NOW TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE.
PRIVACY POLICY
PKZ Photography fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website.
In order to fulfill licensing transactions or provide service to you as a customer of PKZ Photography, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number.
By providing this information to PKZ Photography, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to PKZ Photography's various offices, subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country.
Common Web Registration
When you provide any personal registration information on a PKZ Photography website, you are automatically registered on all PKZ Photography websites. That is, your user name and password are carried across all of our websites and you can use that same name and password to sign in at any PKZ Photography site. You will still have to enter billing information for a particular website in order to purchase from that website.
Email
If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside PKZ Photography, its subsidiaries, affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter -- we will not send you information if you inform us you do not wish to receive such materials.
If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect please contact us.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by PKZ Photography All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by PKZ Photography , its licensers and its content providers.
All elements of PKZ 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 PKZ Photography or one of its subsidiaries, 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 PKZ Photography or its licensers unless otherwise expressly agreed. You shall indemnify PKZ Photography, its subsidiaries, its affiliates and licensers 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.
" PKZ Photography ", "PKZ ", the PKZ Photography logo, are trademarks of PKZ Photography or its subsidiaries and may be registered in some countries.
ABOUT COOKIES
When you visit a PKZ Photography website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
Cookies enable this website to recognize the information you have consented to give to this website, such as the Proofs Online you have viewed, and help us determine what portions of this website are most appropriate for your professional needs. As a result, cookies will allow you to retrieve previous image search results, access Proofs Online with ease, and view your previous invoices.
We do NOT use cookies to examine your surfing behavior before or after leaving a PKZ Photography website.
If at any time you believe that PKZ Photography has not followed the above policy, or if you would like your information to be removed from our system, please fill in the Online Inquiry Form and send it to us. We will make reasonable efforts to identify and correct any problem.
DISCLAIMERS
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND PKZ 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. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PKZ 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, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither PKZ Photography nor its directors, employees, licensers, 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.
PKZ 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 PKZ Photography website; however, these other websites are not controlled by PKZ 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 PKZ 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 the State of Maryland, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California, Los Angeles County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, PKZ Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of PKZ Photography, such action is necessary or desirable.
No action of PKZ 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 or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy 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, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between PKZ Photography and you relating to your use of this website.
POLICIES:
Reproduction Rights: In accordance with Federal Law no reproduction rights are granted for any image provided. However, in the event that you receive or purchase digital files, they may only be reproduced for personal use and never sold or re-licensed.
Release of Unedited Files: It is our policy that we do not release unedited or RAW photos due to the unique nature imbedded data that each picture contains as well as the unique properties of each individual photo. Before you are shown pictures from your session, each picture is selected for composition, color, focus, among other creative elements, then edited so that you may enjoy your photos for its maximum potential. Releasing RAW or unedited photos is not an industry standard as it has the potential to harm or diminish our brand as we can't guarantee the quality of the output.
Orders: Because of the uniqueness of your photos, all orders are final when placed. Defects in workmanship will be promptly corrected. Additional costs may be incurred should you change your mind about which photo(s) you want to have after those photos have been produced. If a photograph becomes damaged once you have taken possession, we will gladly offer a replacement for an additional cost.
Payment: We accept all major credit cards including Visa, MasterCard, Discover, and American Express, as well as cash. Payment is due in full at the time of your session.
Retouching & Style: We will do our best to accommodate your blemish removal and other retouching requests. Some requests are not possible and others may be so complex that an additional fee is required. In the case of all toning, retouching and other adjustments, please be aware that everything we create is custom printed and in doing so, variances are a normal part of the process. When in doubt we will rely on our professional experience to create what we believe is the best presentation of any given image.
Discounted sessions, sessions benefiting charity, and free sessions are not eligible for photo credits towards the purchase of prints.