All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
2. Intellectual Property Rights
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download one copy of a reasonable number of pages of the Website for your own personal, non- commercial use and not for further reproduction, publication or distribution.
● If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
3. User Contributions
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
4. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Please note that we do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
6. Prohibited Uses
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper working of the Website.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Copyright Infringement; Notice and Take Down Procedures
The Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Company will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following email address: email@example.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
● Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
12. Geographic Restrictions
The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Order Acceptance You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation email.
14. Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
15. Shipping Policies
Pendo Photography ships albums ordered from Kiss. Pendo is not responsible for any damage to products that occur during the shipping process.
16. Final Sale; Returns; Exchanges
All sales are final. No returns or exchanges are accepted.
17. Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale.
18. License to Use Purchased Digital Materials
In accordance with the terms herein, and in consideration for digital purchases made from the Site, Company grants to You, and You accept from Company, a non-exclusive and non-transferable license (the "License") to use the current version of our digital materials (“Digital Materials”). Digital Materials includes any purchased ebooks, online courses, templates, photos, or other digitally available materials. You agree to use and access the Digital Materials solely for Your own personal educational purposes. You have no implied rights to the License of Digital Materials. Except as is otherwise expressly permitted in this Agreement, the use of the Digital Materials is restricted so no one may do any of the following or aid anyone in such endeavor: (a) Sublicense, sell, lease, or rent the Digital Materials; (b) Decompile, disassemble, reverse engineer or attempt to derive the source code from or structure of the Digital Materials; (c) Create a derivative work that is based on any portion of the Digital Materials; (d) Rewrite any portion of the Digital Materials or use any portion of the Digital Materials in connection with creating any work that is similar in function, content or appearance to any portion of the Digital Materials; (e) Remove any proprietary notice from the Digital Materials; (f) Copy, reproduce, distribute, or in any way duplicate all or any part of the Digital Materials; (g) export or re-export the Digital Materials or any portion thereof in violation of the export control laws or regulations of the United States; (h) engage in, facilitate, or further any unlawful conduct; and/or (i) damage, disable, overburden, or impair any Company Website (or the networks connected to any Company Website) or interfere with anyone else's ability to access or use the Digital Materials.
19. Disclaimer of Warranties
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, OR ANY CONTENT OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AND COMPLIMENTARY SHIPPING FEES AT OUR SOLE DISCRETION. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
20. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
23. Governing Law and Jurisdiction
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon the User and their respective heirs, legal personal representatives, successors and assigns.
25. Entire Agreement
26. Waiver and Severability
27. Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to firstname.lastname@example.org.
Your privacy is very important to us.
If you do not agree with our policies and practices, your choice is not to use our Website.
on our Website. It also applies to information we collect on this Website, as well as in email, text, and other electronic messages between you and this Website. It does not apply to information collected by us offline or through any other means, including on any other
website operated by Company or any third party.
any material changes, we will notify you by email or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this policy for the latest information on our privacy practices.
1. Collection and Use of Personal Information
We collect personal information from you to provide a customized experience on our website.
To opt out of data collection, contact us at email@example.com.
To ensure proper use of the Website, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system.
To ensure proper use of the Website, we collect the following personal information from you:
· IP address
· Time and date of visit
· Browser and operating system information
· Referring/exit pages
We may log this information for system administration, order verification, internal marketing, and system troubleshooting purposes.
We may also use this information:
• To present our Website and its contents to you
• To provide you with information, products, or services
• To fulfill any other purpose for which you provide it
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
• To notify you about changes to our Website
To process your orders, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
· Billing Information such as credit card number and billing address
· Preferences Information such as order history and email marketing preferences
The data provided in the order form will be stored in the database until the expiration of the limitation period for claims under the concluded contract. Each order is recorded in the database as a separate item.
Payment for the order is made via the method agreed upon directly with Pendo Photography. The data collection for payment is done entirely via a third-party service.
To provide use of the Website via the server on which the Website is hosted, we collect the following personal information from you:
· IP address
· Server date and time
· Browser and operating system information
This data is stored on the server until the expiration of the limitation period for claims under the concluded contract. This data is not used by the Company to identify anyone.
To provide a user account, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
The data provided in the account form will be stored in the database until the expiration of the limitation period for claims under the concluded contract. You can modify data included in your account at any time using the options available after logging in to your account. You can delete your account at any time, which will also result in the removal of your personal data from the database.
To fulfill your contact form requests, we collect the personal information contained in the contact form. The data provided in the account form will be stored in the database until the expiration of the limitation period for claims under the concluded contract.
2. Mobile Services
3. Email Communications
We may use your email to deliver our daily newsletter, as well as for other promotional purposes.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at firstname.lastname@example.org.
You acknowledge that it may take up to 10 days for us to process an opt-out request.
Please note that you cannot opt out of receiving transactional emails related to your account with us.
4. Cookies and Other Tracking Technologies
● Keeping track of your preferences
● Operation of the cart and the ordering process
● Providing a user account
● Providing support
● Tracking website statistics, such as number of visitors, type of operating system and web browser used, time spent on the website, visited subpages, etc.
For this purpose, we may use a third-party website. The use of third-party services involves the implementation of the tracking code provided by the third-party service into our website’s code. This code is based on cookies but may also use other tracking technologies. In this regard, collected information is completely anonymous and does not allow your identification.
You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website.
5. Information Sharing
We will share your personal information with third parties only in the ways that are described in this privacy statement.
We do not sell your personal information to third parties and we do not authorize the collection of our visitors' personally identifiable information by any third parties for the third parties' use.
We may also disclose your personal information:
• To our subsidiaries and affiliates
• To contractors, service providers, and other third parties we use to support our business
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred
• To fulfill the purpose for which you provide it
• For any other purpose disclosed by us when you provide the information
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others
6. Personal Data
The Administrator of your personal data is Pendo Photography, 4661 Red Rock Pass, Schertz, TX 78154
You have the following rights concerning our processing of your personal data:
1. The right to request access to your personal data as well as its rectification, removal or restriction of processing
2. The right to object to the processing
3. The right to transfer data
4. The right to withdraw consent for the processing of personal data for a specific purpose
5. The right to bring a complaint to the supervisory authority in connection with the processing of personal data
We may refuse to exercise certain rights from those indicated above in a situation where the implementation of a given right would be in conflict with the legitimate purpose of the data we process. For example, we may refuse to delete personal data specified in your order until the expiration of the limitation period for claims under the concluded contract.
We entrust the processing of personal data to the following entities:
LIST ALL THIRD PARTIES ADD-ONS TO YOUR WEBSITE, INCLUDING:
1. Showit and Wordpress - in order to operate the website
2. GOOGLE ANALYTICS– to process website analytics
3. MAILCHIMP/CONVERTKIT/Mailerlite/Flodesk- in order to provide an email newsletter
4. PAYPAL/SQUARE/STRIPE - in order to process order payment
5. QUICKBOOKS- in order to use the services of an external accounting office which processes the data included in invoices
In connection with the use of these third-party entities, personal data may be transferred to another country.
We follow generally accepted industry standards to protect the personal information submitted to
us, both during transmission and once we receive it. However, no method of transmission over
the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its
absolute security. In the event of a data breach, you will be notified within 72 hours.
8. A Note About Children
We do not intentionally gather personal information from visitors under the age of 13.
If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at email@example.com.
9. Contact Information