TERMS & CONDITIONS
Effective date: March 31, 2019
Use of the Site
User Age and Access
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Jeff Katz Photography LLC. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. PrinceByJeffKatz.com / Jeff Katz Photography LLC specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Violations and Security Rules
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site's or PrinceByJeffKatz.com networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
i. Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses
j. Abusing special discounts, awards or incentives offered by PrinceByJeffKatz.co. Unless otherwise specified, only one offer is the value per person, maximum of two per household.
Violations of system or network security may result in civil or criminal liability. PLDA will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the site, including, without limitation, the following:
Accessing data not intended for such user or logging into a server or account which user is not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
We take no responsibility and assume no liability for any User Content posted by you or any third party.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
As between you and PrinceByJeffKatz.com / Jeff Katz Photography LLC (or other company whose marks appear on the Site), PrinceByJeffKatz.com / Jeff Katz Photography LLC (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by PrinceByJeffKatz.com / Jeff Katz Photography LLC and Jeff Katz Photography ©Paisley Park Enterprises, Inc. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all photographs, site design, text, graphics, interfaces, and the selection and arrangements are protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the copyrights, trademarks, service marks or trade names of PrinceByJeffKatz.com / Jeff Katz Photography LLC or other entities. Such trademarks, service marks, and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our logo, photographs, trademarks, service marks, trade names, and other copyrightable material or any other intellectual property in any manner.
Links from and to the Site
You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site.
To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link and to require termination of any such link to the Site, at our discretion at any time.
You agree to defend, indemnify and hold PrinceByJeffKatz.com, Jeff Katz Photography LLC and Jeff Katz Photography, ©Paisley Park Enterprises, Inc, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PRINCEBYJEFFKATZ.COM AND/OR JEFF KATZ PHOTOGRAPHY LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PRINCEBYJEFFKATZ.COM AND/OR JEFF KATZ PHOTOGRAPHY LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. PRINCEBYJEFFKATZ.COM AND/OR JEFF KATZ PHOTOGRAPHY LLC IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRINCEBYJEFFKATZ.COM AND/OR JEFF KATZ PHOTOGRAPHY LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, GALLERIES, ARTISTS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PRINCEBYJEFFKATZ.COM AND/OR JEFF KATZ PHOTOGRAPHY LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CLCV,INC OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF PRINCEBYJEFFKATZ.COM AND/OR JEFF KATZ PHOTOGRAPHY LLC.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Site.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with PrinceByJeffKatz.com / Jeff Katz Photography LLC relating in any way to your use of the Site resides in the state and federal courts of Los Angeles County, LA. Any controversy or claim arising out of or relating to your use of the site (including any claim involving this Site or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Santa Clara County, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to the jurisdiction of the state and federal courts of California for enforcement of this arbitration provision..
You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Los Angeles County. In addition, you expressly waive any right to a jury trial in any legal proceeding against PrinceByJeffKatz.com / Jeff Katz Photography and Jeff Katz Photography, © Paisley Park Enterprises, Inc. its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to the use of the Site must be commenced within one (1) year after the claim arises.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to us on our site "Contact" page, with an email.
Risk of Loss
The items purchased from our Site are shipped by a third-party carrier pursuant to shipment content. As a result, the risk of loss and title for such items may pass to you upon our delivery to the carrier.
PrinceByJeffKatz.com / Jeff Katz Photography LLC and its partners strive for complete accuracy in the description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or human mistakes may cause inaccuracies to appear on the Site. Prints you purchase may look different than the photograph shown on our pages. The scale of photographs posted on this site may not be true to size. The color, clarity, borders, retouching specifics, and tone may not be an exact match to the website. The photographs depicted in the Gallery slide-show illustrating framed photographs hanging in rooms may not be true to size, shape, border or color of Prince By Jeff Katz framed photographs. These images are merely graphic illustration examples of how the final photographs may appear. The sizes being offered for the purchase of any photograph, and frame, on this site can be changed by us at any time, for any reason. The date, description, and location of when the photographs were taken may not be accurately listed on the pages of this website. PrinceByJeffKatz.com / Jeff Katz Photography LLC has the right to void any purchases that display an inaccurate price at any time. If the displayed price is higher than the actual price on your date of purchase, you may be refunded the overcharge. If the displayed price is less than the actual price on your date of purchase, PrinceByJeffKatz.com / Jeff Katz Photography LLC will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price. We reserve the right to change any and all prices at any time. We reserve the right to cancel any order, at any time, for any reason.
Once a photograph has been delivered, Jeff Katz Photography assumes no liability or responsibility for the further condition of that photograph. Jeff Katz Photography assumes no liability or responsibility for any damage created to the photograph from any source, under any condition, due to any cause. The treatment of, care of, protection and longevity of each photograph is solely the responsibility of the customer. Jeff Katz Photography has no control over how a photograph is treated once it leaves our studio. If a photograph is harmed during framing, moving, shipping, cleaning, etc, that is the sole liability of the company involved.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available on the Site, any photographs for sale or any portion of the Site at any time and for any reason. Under no circumstances will PrinceByJeffKatz.com / Jeff Katz Photography LLC or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Paisley Park Enterprises Inc, holds the worldwide copyright to the Prince photographs shown on this website, all rights reserved. They also have reproduction rights to these images. Jeff Katz has been granted the right to create books and sell Limited Editions of 10, signed and numbered, fine art prints of each Prince image shown on this website. Jeff has the right to release, print and sell more photographs than are shown and make them available for purchase on this website on any given date. Jeff Katz can display, market, put into book form, and sell all photographs in any manner, or venue, that he chooses.
AFFIRM Credit / Third Party Installment Payments
Installments payments are offered, powered and serviced by Affirm. 'Prince By Jeff Katz", "Jeff Katz Photography" does not determine a customers eligibility nor is this company (Jeff Katz) involved in anyway with the Affirm purchase contract, that is an agreement that the customer makes directly and solely with Affirm. The customer's use of installments is subject to the terms they agreed on with Affirm, including Affirm's Terms of Service. "Prince By Jeff Katz", "Jeff Katz Photography" is not a party to any agreement between the customer and Affirm, and expressly disclaims any and all liability with respect to such agreements.
Gift Card Policy
The use of Gift cards or Gift vouchers, fall under the following terms and conditions:
1. In order to purchase a Gift card or voucher, it is best that you register as a member of our website so that we have all of your contact information and can update you regarding your Gift card.
2. Gift cards or vouchers ordered through our Website will be delivered automatically by electronic means, to the email address you specify at the time of order. Our Gift cards or vouchers include unique invoice numbers. The number on your invoice will be the recorded number of the recipient’s gift card.
3. The recipient of your Gift card will need to contact us at; ArtManager@PrinceByJeffKatz.com and we will work with them to complete their purchase. Instructions will be included in their email card from us.
4. Our Gift cards or vouchers must be redeemed on our Website, as full or partial payment of products from our Website Gallery. Gift cards or vouchers cannot be used to purchase further Gift cards. If the gift card is less than the purchase price, the recipient will need to pay the remaining balance of the purchase. Applicable taxes (CA residents) and shipping will be the responsibility of the recipient unless the purchaser has made additional arrangements with us.
5. When ordering Gift cards; please ensure that you have entered the recipient’s email address correctly. We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift cards or vouchers.
6. All Gift cards or vouchers are dated and expire 12 months from the date of issue. Please make sure that your recipient orders within that time frame.
7. Gift cards or gift vouchers cannot be exchanged for cash.
8. Gift cards or gift vouchers may only be redeemed against products purchased in the same currency as the Gift cards or gift vouchers. For our purposes, this is US dollars.
9. Please carefully read out Return Policy before purchasing.
10. When Products are purchased online with Gift cards or vouchers any monies left over will be credited with a new Gift card or voucher to be used towards the purchase of another photograph.
11. We are not responsible if a Gift card or gift voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances. Please contact us immediately so that we may assist you.
12. A Gift card can be returned/canceled within 48 hours. The purchase amount will be fully refunded to the purchaser, minus credit card processing fees (approximately 3%). After 48 hours there are no returns or refunds.
If for any reason, a customer is not satisfied with their purchase we will exchange the photograph for one of equal value, They can also apply the price to one of higher value and pay the difference. This is offered once on the original purchase. A minimal 10-15% return fee (based on size) of the original price, will be charged to cover costs for printing, framing, and preparing the shipment. The photograph must be returned within 14 days in the same excellent condition as when it was sent. All shipping and handling charges are incurred by the customer. If the purchase is a gift and there are special circumstances, please reach out to us for assistance.
Once an order is placed, our costs immediately begin on the custom, Limited Edtion photograph. Any payment cancellation must be made within 24 hours of purchase, a small 3% credit card processing fee will be charged. There are no cash or credit refunds after that time.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to our "Contact" page or email us directly at:
The Terms constitute the entire agreement between you and PrinceByJeffKatz.com and/or Jeff Katz Photography LLC and govern your use of the Site, superseding any prior agreements between you and PrinceByJeffKatz.com and/or Jeff Katz Photography LLC. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between PrinceByJeffKatz.com / Jeff Katz Photography LLC and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to PrinceByJeffKatz.com / Jeff Katz Photography LLC or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of PrinceByJeffKatz.com / Jeff Katz Photography LLC’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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