This is a legal agreement between you and Katy in Design LLC. This website is owned and operated by Katy in Design LLC. Before accessing or using any part of the website, you should carefully read the following Terms of Use. Your access to and use of the webite are subject to these Terms of Use as well as applicable laws and regulations. By accessing the website, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations.
USE LICENSE
Katy in Design LLC hereby grants you a limited license to access and make personal use of this website. This grant of a license does not transfer title. This license does not permit you to: modify, copy, download, or screenshot the photographs; use the photographs for any commercial purpose; remove any copyright or other proprietary notations from the photographs; transfer the photographs to another person; sell any photographs or allow a third-party to use the photographs; reproduce on-line proofs; use photographs for derivative work; use photographs in any manner deemed unreasonable or defamatory by Katy in Design LLC; alter the photographs in a manner that materially alters the composition of the photograph, including the use of filters.
Any unauthorized use shall terminate the permission or license granted by Katy in Design LLC. This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Katy in Design LLC at any time, or any reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Failure to comply with licensing restrictions regarding digital downloads will result in a violation fee of $200 per misused image and suspension of future event photography by Katy in Design LLC until said fee is paid. Repeat violations may result in being put on our “Do not photograph” list.
Katy in Design LLC retains all rights, title, and interest to this website and any content on this website, including any and all intellectual property rights. Katy in Design LLC reserves all rights not expressly granted.
INTELLECTUAL PROPERTY RIGHTS
All images, texts, designs, and service marks are owned and property of Katy in Design LLC. You may not use our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting images from this website to any other third-party website, including social media.
Copyright: Katy in Design LLC owns the copyright in any and all photographs take by its photographers pursuant to federal copyright law. 17 U.S.C §201-02. Any and all photographs produced in connection with Katy in Design LLC are expressly and solely owned by Katy in Design LLC to use in the reasonable course of business. Katy in Design LLC may use and display photograph(s) for Katy in Design LLC’s reasonable marketing activities.
WARRANTIES DISCLAIMER
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, MATERIALS, AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND KATY IN DESIGN LLC EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy. KATY IN DESIGN LLC MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, MATERIALS OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY
In no event shall Katy in Design LLC be liable for any damages arising out of the use or inability to use the materials on Katy in Design LLC’s website. These damages include, but are not limited to, direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, loss of use, loss of income, loss of goodwill or reputation, damage to or corruption of data, whether in an action in contract or tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this website (or inability to use this website) the content, or any other materials contained in or accessed through the website.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for certain damages, these limitations may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Katy in Design, LLC, its affiliates, its contractors, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, and assigns, from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from (i) your use of this Website and its Content, (ii) your fraud, violation of law, or (iii) willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in Katy in Design LLC’s sole discretion.
SEVERABILITY
If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
GOVERNING LAW AND VENUE
These Terms of Use and your access to and use of this website are governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. Venue for any action arising out of these Terms of Use shall be in Miami-Dade County, Florida.
ALTERNATIVE DISPUTE RESOLUTION
In the event that a dispute arises related to these Terms of Use, you agree to participate in a mediation conference in good faith. The cost of mediation shall be split equally between the Parties. If mediation is unsuccessful, you agree to resolve the dispute through binding arbitration administered by the American Arbitration Association.
NOTICES
Any notices to you from Katy in Design LLC regarding the website or these Terms of Use will be posted on this website or made by e-mail.
WEBSITE PRIVACY POLICY
Our Website Privacy Policy, located at katyindesign.com, describes the details of Katy in Design LLC’s information practices and procedures for personal information we collect on this website. We strongly urge you to read our Website Privacy Policy prior to providing us any personal information.
