Terms of Use
Welcome to Kelmer Studio. By accessing or using our website located at kelmerstudio.com (the "Site"), you agree to be bound by these Terms of Use. Please read them carefully before using the Site.
If you do not agree to these terms, please do not use our website.
1. Acceptance of Terms
By accessing this website, you confirm that you are at least 18 years of age, have read and understood these Terms of Use, and agree to be legally bound by them. We reserve the right to modify these terms at any time. Your continued use of the Site constitutes acceptance of any changes.
2. Use of the Website
You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others. You agree NOT to:
Copy, reproduce, or republish any content from this Site without our prior written permission
Use any automated tools (bots, scrapers) to access or collect information from the Site
Attempt to gain unauthorized access to any portion of the Site
Transmit any harmful, offensive, or disruptive content through the Site
Use our content or branding for commercial purposes without express written consent
3. Intellectual Property
All content on this website — including but not limited to photographs, text, graphics, logos, and design elements — is the exclusive intellectual property of Kelmer Studio and is protected by United States copyright law and international treaties.
You may not use, copy, reproduce, distribute, or create derivative works from any content on this Site without our prior written permission. Unauthorized use of our images or content is a violation of copyright law and may result in legal action.
4. Photography Services
4.1 Booking & Payments
All bookings are confirmed only upon receipt of a signed contract and required deposit. Prices are subject to change without notice until a booking is confirmed in writing.
4.2 Copyright & Licensing
Kelmer Studio retains full copyright ownership of all photographs produced during any session. Clients receive a limited, non-exclusive personal use license for the images delivered. Images may not be sold, licensed to third parties, or used for commercial purposes without a separate written agreement.
4.3 Image Delivery
Digital images are delivered via an online gallery. Clients are responsible for downloading and backing up their images promptly. Kelmer Studio retains digital files for a period of one (1) year following delivery; after this period, files may be permanently deleted without notice.
4.4 Portfolio & Marketing Use
Kelmer Studio reserves the right to use client images for portfolio, website, social media, and marketing purposes. Clients who wish to opt out must submit a written request prior to their session. Verbal requests cannot be honored.
4.5 Cancellations & Rescheduling
Cancellation and rescheduling policies are outlined in your individual service contract. Deposits are generally non-refundable. Please refer to your signed agreement for specific terms applicable to your booking.
5. Online Store
Purchases made through our online store are subject to separate terms provided at checkout. All sales of physical prints, albums, and wall art are final once production has begun. Digital products are non-refundable once downloaded. Discounts and promotional pricing are valid only during their advertised timeframe.
6. Third-Party Links
Our website may contain links to third-party websites for your convenience. Kelmer Studio does not endorse, control, or assume responsibility for the content or practices of any third-party sites. Visiting external links is at your own risk.
7. Disclaimer of Warranties
This website and all content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Kelmer Studio does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, Kelmer Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this website or our services, even if advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to these Terms shall not exceed the amount paid by you, if any, for accessing the Site.
9. Indemnification
You agree to indemnify, defend, and hold harmless Kelmer Studio, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of your use of the Site or violation of these Terms.
10. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in New York, New York.
11. Entire Agreement
These Terms of Use, together with our Privacy Policy and any applicable service contracts, constitute the entire agreement between you and Kelmer Studio regarding your use of this website and supersede all prior agreements and understandings.
12. Contact Us
If you have any questions about these Terms of Use, please contact us:
Kelmer Studio
contact@kelmerstudio.com