TERMS AND CONDITIONS OF USE


Last Updated: July 2022

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and
Em Katrina Photo (“Company,” “we” or “us”).

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly
incorporated by reference, govern your use of the website Emkatrina.com (“Website”), including
all materials, resources, information, and services on the Website, whether as a guest or
registered user.

Your access to and use of the Website is conditioned on your acceptance of and compliance
with these Terms. These Terms apply to all visitors, users, customers, and others who access or
use the Website.

By accessing or using the Website you agree to be bound by these Terms, without
modification, and acknowledge reading them. If you disagree with any part of the Terms, you
may not access the Website.

PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy.
Please review our Privacy Policy, which also governs the Website and informs users of our data
collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer.  Please
review our Disclaimer, which also governs the Website and informs users of various limitations
regarding the information provided on the Website. Your agreement to the Disclaimer is hereby
incorporated into these Terms.

USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite
power and authority to enter into these Terms. Children under the age of 18 are prohibited
from using the Website. Information provided on the Website and any resources provided on
or available for download from the Website are subject to change. The Company makes no
representation or warranty that the information provided, regardless of its source, is accurate,
complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy,
error, or incompleteness in the information provided.

The Company reserves the right to withdraw or amend this Website and any service or material
provided on the Website in its sole discretion without notice. The Company 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, the Company may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.

LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for
all purchases made by you or someone acting on your behalf through the Website. You agree to
use the Website and to purchase services or products through the Website for legitimate, non-
commercial purposes only. You shall not post or transmit through the Website any material
that violates or infringes the rights of others, or that is threatening, abusive, defamatory,
libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise
objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.


USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for
providing an e-mail address (“Gated Content”). The Company grants you a limited, personal,
non-exclusive, non-transferable license to use the Gated Content for your own personal or
internal business use. Except as otherwise provided, you acknowledge and agree that you have
no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content you may
only be used by you for your personal or internal business use and may not be sold or
redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any
derivative work based upon the Gated Content and you shall not offer any competing products
or services based upon any information contained in the Gated Content.


MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any
artwork, photos, written works, or other media, including feedback and suggestions
(collectively, “Submissions”), you are granting the Company, our affiliated companies, and any
necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission
for promotional, business development, and marketing purposes including, without limitation,
the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate, and reformat your Submission; and to publish your name in connection with your
Submission.

We claim no intellectual property rights over the Submissions you supply to the Company. You
retain copyrights and any other rights you may rightfully hold in any Submissions that you
submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any
Submissions protected by copyright, trademark, or other proprietary right without the express
written permission of the owner of the copyright, trademark, or other proprietary right, and the
burden of determining that any Submissions are not so protected rests entirely with you. You
shall be liable for any damage resulting from any infringement of copyrights, trademarks, or
other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant
that you own or otherwise control all the rights to your Submission described herein including
the authority to use and distribute the Submission, and that the use or display of the
Submission as contemplated in this section will not violate any laws, rules, regulations, or rights
of third parties. You agree to hold the Company harmless from and against all claims, liabilities,
and expenses arising out of any potential or actual copyright or trademark misappropriation or
infringement claimed against you arising from Submissions you submit through the Website.
You further you grant us the right to use your Submission for the purpose of improving our
Website, products or services (and for any other purpose we deem necessary or desirable)
without being obliged to pay you any compensation for our use of your Submission. The
Company is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in the Company’s sole discretion. If you do send us
unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to
provide any acknowledgement of their source.


OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks,
copyrights, proprietary information, and other intellectual property. We reserve all rights in and
to our common law and registered trademarks, service marks, copyrights, and other intellectual
property rights, including but not limited to text, graphics, photographs, video, design, and
packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish,
transmit, participate in the transfer or sale of, create derivative works from, distribute, display,
reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or
in part, without our prior written consent. We reserve the right to immediately block your
access to the Website and remove you from any service, without refund, if you are caught
violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Website and the resources available for download from the Website (the “Content”) strictly in
accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use
the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the
Content in any manner that could damage, disable, overburden, or impair the Website or
interfere with any other party’s use and enjoyment of the Website. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is the property of the Company or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any Content. You will use protected content solely
for your individual use and will make no other use of the Content without the express written
permission of the Company and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of the Company or our licensors except as expressly
authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos,
product and service names, designs, and slogans are trademarks of the Company or its affiliates
or licensors. You must not use such marks without the prior written permission of the
Company. All other names, logos, product and service names, designs and slogans on this
Website are the trademarks of their respective owners.


CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date
of the last revision will be indicated by the “Last updated” date at the top of this page. Such
amendments are effective immediately upon notice to you by us posting the new Terms on this
Website. We reserve the right to update any portion of our Website, including these Terms, at
any time. If you continue to use our Website after we have made revisions, your continued use
constitutes consent to the revised Terms, Privacy Policy and Disclaimers.

WARRANTIES 
While we make every effort to ensure that the content on this Website is free from errors, we
do not give any warranty or other assurance as to the accuracy, completeness, timeliness or
fitness for any particular purpose of the content and materials on this site beyond reasonable
efforts to maintain the site. To the maximum extent permitted by law, we provide our website
and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.




LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES
ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES
AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR
SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS,
GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF
OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER
SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL
LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE
FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE
DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO
EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE
OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.

AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to interruption
or delay. Due to the nature of the Internet and electronic communications, we and our service
providers do not make any warranty that our Website or any associated resources or services
will be error-free, without interruption or delay, or free from defects in design. We will not be
liable to you should our Website or the resources or services supplied through our Website
become unavailable, interrupted or delayed for any reason.
MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code
(“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any
data available on the Website, does not contain malicious code. We will not be liable for any
damages or harm attributable to malicious code. You are responsible for ensuring that the
process you employ for accessing our Website does not expose your computer system to the
risk of interference or damage from malicious code.

SECURITY 
The security of your contact information is of utmost importance to us. However, you
acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept
responsibility or liability of any nature for any losses you may sustain as a result of such
unauthorized access or alteration. All information transmitted to or from you is transmitted at
your own risk, and you assume all responsibility and risks arising in relation to your use of this
Website and the internet. We do not accept responsibility for any interference or damage to
your computer system that may arise in connection with your access of this Website or any
outbound hyperlinks.

THIRD-PARTY RESOURCES
The Website contains links to third-party websites and resources. You acknowledge and agree
that we are not responsible or liable for the availability, accuracy, content, or policies of third-
party websites or resources. Links to such websites or resources do not imply any endorsement
by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a
guest post or interview, in written, audio, video, or other medium. The Company does not
control the information provided by such third-party guests, is not responsible for investigating
the truth of any information provided and cannot guarantee the veracity of any statements
made by such guests.


INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims
and causes of action, including, without limitation, attorney’s fees, arising out of your breach of
any of these Terms, your use of the Website, its content, and any product or service purchased
from the Website, or your failure to maintain the confidentiality and/or security of your
password or access rights to this Website and its resources. You shall provide us with such
assistance, without charge, as we may request in connection with any such defense, including,
without limitation, providing us with such information, documents, records, and reasonable
access to you, as we deem necessary. You shall not settle any third-party claim or waive any
defense without our prior written consent.

EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.
If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall
be construed in accordance with applicable law so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law, and the remainder of the provisions shall
remain in full force and effect.


ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement
between you and the Company pertaining to the Website and supersedes all prior and
contemporaneous agreements, representations, and understandings between us. Any waiver
by us of a breach of or right under these Terms will not constitute a waiver of any other or
subsequent breach or right. No waiver shall be binding unless executed in writing by the
Company.


GOVERNING LAW; JURISDICTION; MEDIATION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania, and the courts of Pennsylvania shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the use of this site must be filed exclusively in the appropriate courts located in Pennsylvania and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or
relating to these Terms by mediation. The parties further agree that their respective good faith
participation in mediation is a condition precedent to pursuing any other available legal or
equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage
scenario here that applies to your intended usage contact us at emkatrinaphoto@gmail.com


CONTACT INFORMATION

The owner of this website is Em Katrina Photo. You may contact us by phone at 717-331-9691, by email at EmKatrinaPhoto@gmail.com or by mail at 85 Woodstock Road, Fayetteville, PA 17222.