Disclaimers and Legal Info
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]]), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, a search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com
Terms of Service
KBPhoto facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with the photography studio’s vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products through the photography studios online store, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such vendors and the photography studio’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
Pricing & Payment Terms
In order to purchase Products through KBPhoto’s online store, you are required to provide valid Payment Information as required by the online store. KBPhoto may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon the photography studio’s request.
You agree to reimburse the photography studio for any and all costs incurred in collecting amounts owed by you to the photography studio or a photography studio vendor, including, without limitation, attorneys’ fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that the photography studio may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and KBPhoto reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, the photography studio may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
Photo Downloads; Shipping Terms and Policies
If you purchase Photo Download or it was included in your contract, such download will be made available to you through the Services upon the photography studio’s receipt of your valid Payment Information or through an email to the address you provided. Please check your spam box and filters. Downloads are only available once. Please save the file to your computer or device after downloading.
If you purchase Photo prints, Canvases, Albums or other physical medium Products, the photography studio will use its commercially reasonable efforts (and the photography studio’s Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. KBPhoto is not responsible for any delays in shipping.
KBPhoto or KBPhoto’s Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, the photography studio will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
KBPhoto guarantees your satisfaction with any Products that you purchase through KBPhoto’s online store. If you are unsatisfied with any Photos, Prints, Canvases, Albums and/or other Products you have purchased through the photography studio, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer.
We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact KBPhoto at firstname.lastname@example.org. Please do not contact your credit card company to dispute a charge before contacting KBPhoto.
Product Availability and Pricing
KBPhoto or KBPhoto’s Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
Product Descriptions, Pricing & Errors
KBPhoto strives to maintain accurate information in the online store and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other photography studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all the details of the Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.
The photography studio or the photography studio’s Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by the photography studio is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt.
In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, KBPhoto reserves the right to correct such errors and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND KBPhoto’s SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE PHOTOGRAPHY STUDIO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DIGITAL IMAGE LICENSING
Photo Downloads may be included as part of the initial service contract or purchased from KBPhoto online store. KBPhoto grants buyer a non-exclusive, non-transferable
perpetual personal-use license to download and copy the accompanying image(s) subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of the Media. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the photography studio. There are no warranties, express or implied. The Media are provided ‘as is.’
Neither KBPhoto nor KBPhoto’s vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
What you can do:
Personal, Non-Commercial use of the Media includes:
Display on personal websites and computers.
Making image prints for personal use.
What you may not do:
Buyer may not:
Resell, relicense, sub-license, redistribute without express written permission from the photography studio.
Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. Use TheMedia in advertising.
Use The Media in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
Incorporate The Media into trademarks, logos, or service marks.
Make available for download.
Business, school, non-profit, & event Facebook pages ARE NOT personal pages and require a commercial license.
KBPhoto retains all rights, license, copyright, title and ownership of the Media.