Terms of Use

TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Jen Mink Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at jenminkphotography.com, 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 Wingfield Mink Creative Services, LLC, doing business as Jen Mink Photography (“Jen Mink Photography”).

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Jen Mink Photography.  All such Products are the intellectual property of and are owned by Jen Mink Photography.

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 otherwise unacceptable, please discontinue use of Jen Mink Photography’s Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Jen Mink Photography is a resource through which you may obtain Photography and Photography related services and products. It’s Site provides you with some of the information and visual examples of our work and what to expect when working with us; as well as contact information and other ways to reach out to and follow us.

PRIVACY POLICY

Jen Mink Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here which is incorporated herein by reference.

Jen Mink Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Jen Mink Photography will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  Jen Mink Photography is the sole manager of such information collected on the Site.  Jen Mink Photography will use such information to respond to you as necessary.  You grant Jen Mink Photography 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 shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Jen Mink Photography to help support the maintenance of the Site.  Jen Mink Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site 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 releaseJen Mink Photography from any loss or damage incurred from dealing with such affiliate.

INTELLECTUAL PROPERTY LICENSE

Jen Mink Photography 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 Jen Mink Photography’s services, and; (d) any other intellectual property rights afforded to Jen Mink Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Jen Mink Photography 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 Jen Mink Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Jen Mink Photography 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.

 CONTACT

By using the Site and entering personal information, you give Jen Mink Photography 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 Jen Mink Photography know by emailing us at jen@jenminkphotography.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, JEN MINK PHOTOGRAPHY 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 North Carolina. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Raleigh, North Carolina.  Jen Mink Photography 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 Jen Mink Photography’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

jen@jenminkphotography.com

4724 Wood Valley Drive, Raleigh, NC 27613

All rights reserved © Copyright 2017. Jen Mink Photography.

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