Terms of Service and Conditions
OVERVIEW
The terms “we”, “us”,“our” or “the Company” refers to Katie Chavarin Photography. The term the “Site” refers to katiechavarinphotography.com. The term “user,” “you” and “your” refers to site visitors, customers, clients, purchaser of product(s) or service(s) and any other users of the site.
On the Site we provide photography services such as portrait, wedding, branding and stock photography for creative professionals and small business owners and digital content delivered via email, the blog, live and prerecorded events, or webinars educating clients and other small business owners. (the “Service”).
Use of Site including all materials presented herein and all online services provided by us, whether made available for purchase or not, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF SERVICE AND SITE
You must be 18 years or older to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to marketing, photography, pricing and other information are subject to change at the Company’s discretion. Katie Chavarin makes no representation the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Katie Chavarin disclaims all liability for any inaccuracy, error or incompleteness in the Content.
ACCOUNT CREATION
During the use of the Site, you may be prompted to provide your information or opt-in with your personal information such as your name, email address, address, phone number. You agree that any registration information you provide to the Site and/or Service will always be accurate, correct and up-to-date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. Because that’s not fun. You must not, in the use of this Site and/or Service, violate any laws in your jurisdiction.
PRODUCT DESCRIPTION
We endeavor to describe and display the Site and/or Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. We’re not perfect. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site and/or Service. You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post anywhere on the Site any threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site and/or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Katie Chavarin Photography from any claim against Katie Chavarin Photography resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
THIRD PARTY RESOURCES
The Site and/or Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Katie Chavarin Photography is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Katie Chavarin Photography has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Katie Chavarin Photography’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Katie Chavarin Photography, and if no purchase has been made by you Katie Chavarin Photography’s cumulative liability to you shall not exceed $1.
In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from fulfilling a Service, Katie Chavarin Photography will contact in writing to the Client as soon as possible, to arrange another suitable date and time. Katie Chavarin Photography takes the utmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs from said Service and or products will not be lost, stolen, or destroyed for reasons within or beyond Katie Chavarin Photography 's control. You agrees that Katie Chavarin Photography full and complete responsibility and liability is limited to the return of all payments received for the event.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
This Agreement constitutes the entire agreement between you and Katie Chavarin Photography pertaining to the Site and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Katie Chavarin Photography shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing by Katie Chavarin Photography.
COOPERATION
Unless otherwise noted, Katie Chavarin Photography will be the exclusive photographer at the agreed wedding and or portrait photography session. You agree that good faith cooperation and communication between them is important in obtaining a positive result. Client must also notify Katie Chavarin Photography in writing if they wish to have anything photographed in a particular way. Katie Chavarin Photography will not be held accountable for not photographing desired portraits, if there is no one to assist in identifying these particular details and photographs on the day. Katie Chavarin Photography is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to photographer’s control.
HOUSE RULES
Client agree and understand that the photographer are limited by the guidelines of the location site/venue management/government rules on day of Service and Client agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the Client responsibility. If Client (or Client’s guests at their event/photo session/wedding Service) appears under the influence of alcohol or drugs, is harassing verbally or physically to harm or create hostile environment during day of Service, Katie Chavarin Photography has the right to cancel the Service immediately due to safety, liability and health concerns arising.
IMAGES and COPYRIGHTS
Photographs/images produced by Katie Chavarin Photography are protected by Copyright Law (all rights reserved). Upon final payment by Clients, Client are allowed to display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of Katie Chavarin Photography. Client will receive a high resolution digital copy with printing and sharing rights, which will be presented to Client via email website link to private online photo gallery where Client will have access with given gallery password. This password is only given to the Client from Katie Chavarin Photography and can be shared to whomever the Client chooses. When publishing the photos socially or commercially, Katie Chavarin Photography must be noted as the photographer. Clients must obtain written permission from Katie Chavarin Photography prior to the Clients, their associates, friends or relatives selling the photographs.
Katie Chavarin Photography does not provide any unedited images to Clients as it does not represent the quality Katie Chavarin Photography strives for. The photographer takes pride in the edited images, and images will not be delivered if they do not meet Katie Chavarin Photography’s quality standards. Whilst Katie Chavarin Photography’s editing style is quite complimentary. Katie Chavarin Photography edited images include color correction, color enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare. Katie Chavarin Photography’s edited images do not include “ photoshopped” images. This is a service Katie Chavarin Photography does not usually offer.
Retouching/photoshopping images can be an art form in itself, and can require extensive, skilled work. Katie Chavarin Photography can however lead you in the right direction and offer guidance on the best place to source this. Please note, Katie Chavarin Photography may retouch photos within a collection. This is at Katie Chavarin Photography’s own discretion whilst editing, and usually does not extend beyond a handful of images. Eg. Katie Chavarin Photography will retouch obvious skin blemishes on the photographer’s discretion. For “photoshopping”/retouching please get in touch with Katie Chavarin for her services and/or to outsource a quote.
MODEL RELEASE
Client hereby grants to Katie Chavarin Photography the right to publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. Client hereby release Katie Chavarin Photography and all associates representatives and assigns from any and all claims, actions, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Katie Chavarin Photography use of said images.
RETAINER & PAYMENT SCHEDULE
A non-refundable booking retainer of $500 is due at the signing of contract agreement to book wedding photography Service. A non-refundable booking retainer of $75 is due at the signing of contract agreement to book portrait session or branding session photography Service. This is a NON-REFUNDABLE RETAINER. Should Client choose to not show up to the scheduled appointment, cancel the appointment or otherwise breach agreement, the non-refundable retainer shall be liquidated for damages to Katie Chavarin Photography. The Client shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the retainer shall be applied towards the final total, with the remainder of charges payable in full, prior to the date of Service (typically before the photo session, event or wedding date). The final total will be the remaining balance of agreed total written in contract agreement, which is the 50% remaining balance. The photographer will provide an invoice with remaining balance to Client’s email address as agreed upon during contract agreement signing. If extra digital or physical products are added on the day of Service, payments must be paid before the final product is forfeited to Client.
REQUESTED PHOTOGRAPHS
Katie Chavarin Photography will make every reasonable effort to photograph specifically requested photos by Client, Client understands that the date of Service may subject to uncontrolled events and that due to the uncertainties of the weather, available light, time restrictions, and willingness of subjects, Katie Chavarin Photography cannot possibly guarantee that all requested photos will be taken.
MEALS
If Katie Chavarin Photography is scheduled to work for more 6 hours, Katie Chavarin Photography (including any agreed upon second photographers or assistants) requires to be fed a meal during the Service while other event guests are being fed on day of Service.
COMPLETION SCHEDULE
Images are expected to be edited within 4-6 weeks after the Service date. Digital delivery is expected within this time frame. Should you have requested any tangible products, such as prints, canvases, frames and extras will be available anywhere from 6 to 9 weeks after they are ordered with a third-party photography lab or manufacturer and can be picked up by appointment date and time arranged between Katie Chavarin Photography and you (the “Client”), or shipping arrangement can be made. Shipping charges are subject to United States Postal Service standard rate. Any products agreed to be shipped through postal mail are subject to shipping rate deemed fit by Katie Chavarin Photography.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
The terms “we”, “us”,“our” or “the Company” refers to Katie Chavarin Photography. The term the “Site” refers to katiechavarinphotography.com. The term “user,” “you” and “your” refers to site visitors, customers, clients, purchaser of product(s) or service(s) and any other users of the site.
On the Site we provide photography services such as portrait, wedding, branding and stock photography for creative professionals and small business owners and digital content delivered via email, the blog, live and prerecorded events, or webinars educating clients and other small business owners. (the “Service”).
Use of Site including all materials presented herein and all online services provided by us, whether made available for purchase or not, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF SERVICE AND SITE
You must be 18 years or older to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to marketing, photography, pricing and other information are subject to change at the Company’s discretion. Katie Chavarin makes no representation the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Katie Chavarin disclaims all liability for any inaccuracy, error or incompleteness in the Content.
ACCOUNT CREATION
During the use of the Site, you may be prompted to provide your information or opt-in with your personal information such as your name, email address, address, phone number. You agree that any registration information you provide to the Site and/or Service will always be accurate, correct and up-to-date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. Because that’s not fun. You must not, in the use of this Site and/or Service, violate any laws in your jurisdiction.
PRODUCT DESCRIPTION
We endeavor to describe and display the Site and/or Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. We’re not perfect. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site and/or Service. You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post anywhere on the Site any threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site and/or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Katie Chavarin Photography from any claim against Katie Chavarin Photography resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
THIRD PARTY RESOURCES
The Site and/or Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Katie Chavarin Photography is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Katie Chavarin Photography has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Katie Chavarin Photography’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Katie Chavarin Photography, and if no purchase has been made by you Katie Chavarin Photography’s cumulative liability to you shall not exceed $1.
In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from fulfilling a Service, Katie Chavarin Photography will contact in writing to the Client as soon as possible, to arrange another suitable date and time. Katie Chavarin Photography takes the utmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs from said Service and or products will not be lost, stolen, or destroyed for reasons within or beyond Katie Chavarin Photography 's control. You agrees that Katie Chavarin Photography full and complete responsibility and liability is limited to the return of all payments received for the event.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
This Agreement constitutes the entire agreement between you and Katie Chavarin Photography pertaining to the Site and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Katie Chavarin Photography shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing by Katie Chavarin Photography.
COOPERATION
Unless otherwise noted, Katie Chavarin Photography will be the exclusive photographer at the agreed wedding and or portrait photography session. You agree that good faith cooperation and communication between them is important in obtaining a positive result. Client must also notify Katie Chavarin Photography in writing if they wish to have anything photographed in a particular way. Katie Chavarin Photography will not be held accountable for not photographing desired portraits, if there is no one to assist in identifying these particular details and photographs on the day. Katie Chavarin Photography is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to photographer’s control.
HOUSE RULES
Client agree and understand that the photographer are limited by the guidelines of the location site/venue management/government rules on day of Service and Client agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the Client responsibility. If Client (or Client’s guests at their event/photo session/wedding Service) appears under the influence of alcohol or drugs, is harassing verbally or physically to harm or create hostile environment during day of Service, Katie Chavarin Photography has the right to cancel the Service immediately due to safety, liability and health concerns arising.
IMAGES and COPYRIGHTS
Photographs/images produced by Katie Chavarin Photography are protected by Copyright Law (all rights reserved). Upon final payment by Clients, Client are allowed to display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of Katie Chavarin Photography. Client will receive a high resolution digital copy with printing and sharing rights, which will be presented to Client via email website link to private online photo gallery where Client will have access with given gallery password. This password is only given to the Client from Katie Chavarin Photography and can be shared to whomever the Client chooses. When publishing the photos socially or commercially, Katie Chavarin Photography must be noted as the photographer. Clients must obtain written permission from Katie Chavarin Photography prior to the Clients, their associates, friends or relatives selling the photographs.
Katie Chavarin Photography does not provide any unedited images to Clients as it does not represent the quality Katie Chavarin Photography strives for. The photographer takes pride in the edited images, and images will not be delivered if they do not meet Katie Chavarin Photography’s quality standards. Whilst Katie Chavarin Photography’s editing style is quite complimentary. Katie Chavarin Photography edited images include color correction, color enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare. Katie Chavarin Photography’s edited images do not include “ photoshopped” images. This is a service Katie Chavarin Photography does not usually offer.
Retouching/photoshopping images can be an art form in itself, and can require extensive, skilled work. Katie Chavarin Photography can however lead you in the right direction and offer guidance on the best place to source this. Please note, Katie Chavarin Photography may retouch photos within a collection. This is at Katie Chavarin Photography’s own discretion whilst editing, and usually does not extend beyond a handful of images. Eg. Katie Chavarin Photography will retouch obvious skin blemishes on the photographer’s discretion. For “photoshopping”/retouching please get in touch with Katie Chavarin for her services and/or to outsource a quote.
MODEL RELEASE
Client hereby grants to Katie Chavarin Photography the right to publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. Client hereby release Katie Chavarin Photography and all associates representatives and assigns from any and all claims, actions, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Katie Chavarin Photography use of said images.
RETAINER & PAYMENT SCHEDULE
A non-refundable booking retainer of $500 is due at the signing of contract agreement to book wedding photography Service. A non-refundable booking retainer of $75 is due at the signing of contract agreement to book portrait session or branding session photography Service. This is a NON-REFUNDABLE RETAINER. Should Client choose to not show up to the scheduled appointment, cancel the appointment or otherwise breach agreement, the non-refundable retainer shall be liquidated for damages to Katie Chavarin Photography. The Client shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the retainer shall be applied towards the final total, with the remainder of charges payable in full, prior to the date of Service (typically before the photo session, event or wedding date). The final total will be the remaining balance of agreed total written in contract agreement, which is the 50% remaining balance. The photographer will provide an invoice with remaining balance to Client’s email address as agreed upon during contract agreement signing. If extra digital or physical products are added on the day of Service, payments must be paid before the final product is forfeited to Client.
REQUESTED PHOTOGRAPHS
Katie Chavarin Photography will make every reasonable effort to photograph specifically requested photos by Client, Client understands that the date of Service may subject to uncontrolled events and that due to the uncertainties of the weather, available light, time restrictions, and willingness of subjects, Katie Chavarin Photography cannot possibly guarantee that all requested photos will be taken.
MEALS
If Katie Chavarin Photography is scheduled to work for more 6 hours, Katie Chavarin Photography (including any agreed upon second photographers or assistants) requires to be fed a meal during the Service while other event guests are being fed on day of Service.
COMPLETION SCHEDULE
Images are expected to be edited within 4-6 weeks after the Service date. Digital delivery is expected within this time frame. Should you have requested any tangible products, such as prints, canvases, frames and extras will be available anywhere from 6 to 9 weeks after they are ordered with a third-party photography lab or manufacturer and can be picked up by appointment date and time arranged between Katie Chavarin Photography and you (the “Client”), or shipping arrangement can be made. Shipping charges are subject to United States Postal Service standard rate. Any products agreed to be shipped through postal mail are subject to shipping rate deemed fit by Katie Chavarin Photography.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Privacy Policy
Katie Chavarin Photography (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across partnered and unaffiliated sites.
For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at https://www.katiechavarinphotography.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
Please read the entire Privacy Policy carefully. Should there be any updates to this Privacy Policy (and or Terms of Service) the "last updated" date at the bottom of the Policy will be indicated. Privacy Policy and Terms of Service are both effective immediately upon publication on this website (http://www.KatieChavarinPhotography.com).
CONSENT
By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.
INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you.
“Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, IP address, and general demographic information (such as age, gender, or hometown). We may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. The non-personal information we collect while using the Website is through Google Analytics.
“Personal Information” includes information that can be used to personally identify you, such as your name, address, and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
We may partner with third-party analytic companies such as Google Analytics or Facebook Insights or Instagram Insights which may also collect cookies or other tracking technologies to analyze website or mobile device visitors' use of our website or mobile application to determermine website's reach, popularity of contect, and better understand activity.
We do not transfer personal information ot these third-party vendors.
As good practice, you should always visit and review these vendors' Privacy Policy and Terms of Use.
In terms of "Financial Information", we collect data that is for the sole purpose related to your payment method in exchange for our Service, such as a bank transfer or credit card details. The Financial Information we collect are in order for You ("The Client") the purchase services or products from our website and any related mobile applications. Since we do not have the capabilities to perform or process payments for goods or services, your financial information is transferred using payment processors including Square and PayPal. We encourage you to carefully read each of financial payment processor's terms and Privacy Policy before proceeding with payment(s). To view Square's Privacy Policy, please visit https://squareup.com/legal/privacy.
To view PayPal's Privacy Policy, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
"Social Media Information" from social networking websites and mobile applications including Facebook, Instagram, LinkedIn, Twitter, Snapchat, or other social media networs or applications not specified here, in which include your name, your social network username, location, age, gender, email address, profile photo, and any other information made public. Should you wish not to have your social media information accessed, please refer to your social networking website and or your mobile application to change your privacy settings.
Other information provided may be due to a contest or giveaway or in participation in a survey which is prompted for such information in exchange for entry to such giveaway or contest.
HOW WE USE AND SHARE INFORMATION
Personal Information:
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use.
Non-Personal Information:
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.
Third-party advertisers such as Facebook Ads, Instagram Ads, or Google Ads collect information in order to target specific advertisements and promotions to potential clients.
In the event that The Company enters bankruptcy or is sold, your information may be an asset and may be transferred to a third party successor. Such successors are not bound to our same Privacy Policy and may have their own Privacy Policy.
As all social media and social networking websites and mobile applications, your interaction with others is what makes these websites and applications social. In doing so, your participation in groups, chats, comments where other users may have access to including your name, profile photo, and your history of interactions is made public.
RETENTION OF DATA
Your personal data is retained just as long as the Company needs it to conduct legitimate business purposes or to comply with that of legal obligations, or until you request to be forgotten. We do not retain your personal data longer than needed to conduct business. Should you wish to request to be forgetten, you must first contact Katie Chavarin Photography in writing stating so. Your personal data will then no longer be stored in our systems and will be permanently deleted. Please note that we do no have any control over the retention policies of third-parties. Should you wish to be forgotten from those of third-parties, you may do so by contacting any and or all third-parties directly. A list of third parties we have transmitted your data to may be requested at any time by writing to katie.chavarin@gmail.com.
HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user via Weebly and or MailChimp, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
WEEBLY
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online e-commerce platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
MAILCHIMP
Our promotional e-mail marketing service is hosted by MailChimp, Inc. (“MailChimp”). MailChimp is an online marketing platform for small business that allows us to provide the promotional Services to you. Your information, including Personal Information, may be stored through MailChimp’s servers. By using the Service, you consent to MailChimp’s collection, disclosure, storage, and use of your Personal Information in accordance with MailChimp’s privacy policy available at https://mailchimp.com/legal/privacy.
SQUARE
Square, Inc. ("Square" or "Square Up") is an online point-of-sale software and a mobile device application for merchant services that allow businesses to accept and process credit card payments electronically though a mobile device, tablet device or desktop computer. By using the Service, you consent to Square’s collection, disclosure, storage, and use of your Personal Information in accordance with Square’s privacy policy available at https://squareup.com/legal/privacy
LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.
MERGER OR ACQUISITION
In the event we (or Weebly and or MailChimp) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our (or Weebly’s and or MailChimp’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
YOUR RIGHTS
You have the right to change, update or delete any information pertaining to your personal data you provide us. We reserve the right to request proper information from you for evidence purposes before we take any action with respect to the excercise of your data rights.
CALIFORNIA PRIVAY RIGHTS
In the State of California, if you are a California resident, you have the right to obtain a copy of your information which we disclose to any third-party marketers, the names of the third-party companies and addresses of these said third-party companies.
If you are under the age 18 and a California resident, you have the right to request all removal of your personal data which you publicly provide on our website.
EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
CONTACT US & WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an email to katie.chavarin@gmail.com.
For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at https://www.katiechavarinphotography.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
Please read the entire Privacy Policy carefully. Should there be any updates to this Privacy Policy (and or Terms of Service) the "last updated" date at the bottom of the Policy will be indicated. Privacy Policy and Terms of Service are both effective immediately upon publication on this website (http://www.KatieChavarinPhotography.com).
CONSENT
By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.
INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you.
“Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, IP address, and general demographic information (such as age, gender, or hometown). We may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. The non-personal information we collect while using the Website is through Google Analytics.
“Personal Information” includes information that can be used to personally identify you, such as your name, address, and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
We may partner with third-party analytic companies such as Google Analytics or Facebook Insights or Instagram Insights which may also collect cookies or other tracking technologies to analyze website or mobile device visitors' use of our website or mobile application to determermine website's reach, popularity of contect, and better understand activity.
We do not transfer personal information ot these third-party vendors.
As good practice, you should always visit and review these vendors' Privacy Policy and Terms of Use.
In terms of "Financial Information", we collect data that is for the sole purpose related to your payment method in exchange for our Service, such as a bank transfer or credit card details. The Financial Information we collect are in order for You ("The Client") the purchase services or products from our website and any related mobile applications. Since we do not have the capabilities to perform or process payments for goods or services, your financial information is transferred using payment processors including Square and PayPal. We encourage you to carefully read each of financial payment processor's terms and Privacy Policy before proceeding with payment(s). To view Square's Privacy Policy, please visit https://squareup.com/legal/privacy.
To view PayPal's Privacy Policy, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
"Social Media Information" from social networking websites and mobile applications including Facebook, Instagram, LinkedIn, Twitter, Snapchat, or other social media networs or applications not specified here, in which include your name, your social network username, location, age, gender, email address, profile photo, and any other information made public. Should you wish not to have your social media information accessed, please refer to your social networking website and or your mobile application to change your privacy settings.
Other information provided may be due to a contest or giveaway or in participation in a survey which is prompted for such information in exchange for entry to such giveaway or contest.
HOW WE USE AND SHARE INFORMATION
Personal Information:
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use.
Non-Personal Information:
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.
Third-party advertisers such as Facebook Ads, Instagram Ads, or Google Ads collect information in order to target specific advertisements and promotions to potential clients.
In the event that The Company enters bankruptcy or is sold, your information may be an asset and may be transferred to a third party successor. Such successors are not bound to our same Privacy Policy and may have their own Privacy Policy.
As all social media and social networking websites and mobile applications, your interaction with others is what makes these websites and applications social. In doing so, your participation in groups, chats, comments where other users may have access to including your name, profile photo, and your history of interactions is made public.
RETENTION OF DATA
Your personal data is retained just as long as the Company needs it to conduct legitimate business purposes or to comply with that of legal obligations, or until you request to be forgotten. We do not retain your personal data longer than needed to conduct business. Should you wish to request to be forgetten, you must first contact Katie Chavarin Photography in writing stating so. Your personal data will then no longer be stored in our systems and will be permanently deleted. Please note that we do no have any control over the retention policies of third-parties. Should you wish to be forgotten from those of third-parties, you may do so by contacting any and or all third-parties directly. A list of third parties we have transmitted your data to may be requested at any time by writing to katie.chavarin@gmail.com.
HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user via Weebly and or MailChimp, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
WEEBLY
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online e-commerce platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
MAILCHIMP
Our promotional e-mail marketing service is hosted by MailChimp, Inc. (“MailChimp”). MailChimp is an online marketing platform for small business that allows us to provide the promotional Services to you. Your information, including Personal Information, may be stored through MailChimp’s servers. By using the Service, you consent to MailChimp’s collection, disclosure, storage, and use of your Personal Information in accordance with MailChimp’s privacy policy available at https://mailchimp.com/legal/privacy.
SQUARE
Square, Inc. ("Square" or "Square Up") is an online point-of-sale software and a mobile device application for merchant services that allow businesses to accept and process credit card payments electronically though a mobile device, tablet device or desktop computer. By using the Service, you consent to Square’s collection, disclosure, storage, and use of your Personal Information in accordance with Square’s privacy policy available at https://squareup.com/legal/privacy
LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.
MERGER OR ACQUISITION
In the event we (or Weebly and or MailChimp) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our (or Weebly’s and or MailChimp’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
YOUR RIGHTS
You have the right to change, update or delete any information pertaining to your personal data you provide us. We reserve the right to request proper information from you for evidence purposes before we take any action with respect to the excercise of your data rights.
CALIFORNIA PRIVAY RIGHTS
In the State of California, if you are a California resident, you have the right to obtain a copy of your information which we disclose to any third-party marketers, the names of the third-party companies and addresses of these said third-party companies.
If you are under the age 18 and a California resident, you have the right to request all removal of your personal data which you publicly provide on our website.
EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
CONTACT US & WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an email to katie.chavarin@gmail.com.
Terms of Service and Conditions, and Privacy Policy was last updated on June 2018.