Terms
Terms of Use
Last Updated Aug 24, 2024
IMPORTANT INFORMATION –
Please read these terms before using this website
Please read these Terms of Use (“Terms”) carefully. This is a legal agreement between you (the “User”) and me ("Kelly Rader") which governs your use of Products (defined later) obtained via purchase from this website at kellylove.rocks, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to kellylove.rocks. “Products” referred to by these Terms include but are not limited to forms, bookings, templates, communications, chat, and any other feature or content provided for paid purchase or for which you supply personal information in exchange, including free download material or other information obtained from the Site, kellylove.rocks. All Products are the intellectual property of and owned by Kelly Rader. By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them unacceptable, discontinue the use of kellylove.rocks Products immediately. Understand by using the Site, you warrant you are at least 18 years of age and legally able to enter into a valid contract.
WHAT I DO
kellylove.rocks is a resource through which you may obtain or download personal info about Kelly Rader, as well as a variety of types of content ranging from PDFs, printables, ebooks, videos, and audio, to physical or virtual goods or services.
PRIVACY POLICY
Jkellylove.rocks permits you to control your personal information and invites you to read the complete statement of its current Privacy Policy available here.
kellylove.rocks will only collect and access the information you voluntarily provide via email or through other direct contact initiated by you. kellylove.rocks will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. kellylove.rocks is the sole manager of such information collected on the Site. kellylove.rocks will use the information to respond to you as necessary. You grant kellylove.rocks a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for Products shipping.
AFFILIATE LINKS
Links on the Site may be affiliate links controlled by parties other than kellylove.rocks to help support the maintenance of the Site. kellylove.rocks does not assume responsibility for or endorse any contents, products, services, or use of any of these affiliate Site(s) and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release kellylove.rocks from any loss or damage incurred from dealing with such affiliate.
STOCK PHOTOGRAPHY
Stock photography may be used on the Site – all images are either owned by Kelly Rader or being used for kellylove.rocks under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Kelly Rader owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions, therefore; (c) all things otherwise provided to you as a part of Kelly Rader's services, and; (d) any other intellectual property rights afforded to Kelly Rader's, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, kellylove.rocks does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon Kelly Rader's Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Kelly Rader will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, Kelly Rader grants you a non-exclusive, non-transferable license to download, view, copy and print the entertainment information, printables, downloads, ebooks, or other materials you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products. It is your responsibility to download the Product immediately and securely back up all purchases. Kelly Rader is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Kelly Rader will not reimburse you for such downloads.
CONTACT
By using the Site and entering personal information, you give Kelly Rader permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products, and services, or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Kelly Rader know by emailing her at kelly dot rader at gmail dot com and she will kindly refrain from contacting you.
RETURN/REFUND POLICY
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. LOVE DIGITAL, INC. OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOUR BUSINESS NAME MAKES NO WARRANTY THAT THE SITE, PRODUCTS, OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, KELLY RADER SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO YOUR BUSINESS NAME, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of Texas. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Frisco, Texas USA. Kelly Rader reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of kellylove.rocks Products, Materials and services.
All rights reserved © Copyright 2022-23. Kelly Rader