Terms of Service

Terms of Sale

Thank you for shopping at Lita Xú Líng Kelley Photography. By placing an order on my website, you accept
the Terms of Sale set forth below. Please read through my terms thoroughly. These items may be
updated at any time; please check back for updates. The website resides at:
https://www.litakelley.com and https://www2.litakelley.com
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Copyrights and Trademarks

All materials appearing on litakelley.com are the property of Lita Xú Líng Kelley
Photography. Materials protected by this copyright include, any and all images and any and all text;
(including logos and other graphics); and any and all design elements of the website. You may use the
content of litakelley.com for shopping, placing an order on this site, or for conducting
other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an
order on this site.

Unauthorized use of the materials appearing on litakelley.com violate copyright,
trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized
use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading,
transmitting, or distributing any of such materials without the prior written consent of Lita Xú Líng Kelley
Photography.

The "Lita Xú Líng Kelley Photography" logo is a trademark of Lita Xú Líng Kelley Photography, as are all custom
graphics, icons, and logos found on litakelley.com.
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Disclaimer and Limitation of Liability

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal
reproduction facilities, products sold by Lita Xú Líng Kelley Photography on litakelley.com are
non-refundable.

Replacement items for damage in shipping or misidentified images will be honored within a 10 day
return policy.

Lita Xú Líng Kelley Photography makes no representations or warranties, either express or implied, of any
kind with respect to products sold on this site.

Lita Xú Líng Kelley Photography expressly disclaims all warranties, express or implied, of any kind with
respect to products sold on this site, including but not limited to, merchantability and fitness for a
particular purpose.

You agree that the sole and exclusive maximum liability to Lita Xú Líng Kelley Photography arising from any
product sold on this website shall be the price of the product ordered.

In no event shall Lita Xú Líng Kelley Photography, its officers, employees, vendors, or other representatives be liable
for special, indirect, consequential, or punitive damages related to products sold.

You agree that Lita Xú Líng Kelley Photography, its officers, employees, vendors, or other representatives shall not be
liable for damages arising from the operation, content or use of litakelley.com.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind,
including without limitation direct, indirect, compensatory, special, incidental, punitive and
consequential damages.
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Typographical and Photographical Errors

Lita Xú Líng Kelley Photography attempts to be as accurate as possible in our pricing, as well as our
typographical and photographical depictions of products for sale; however, I cannot guarantee that
product descriptions/specifications, pricing or any other content on litakelley.com is
accurate, complete, or current.

In the event that a product is listed at an incorrect price due to typographical, informational, technical or
other error, Lita Xú Líng Kelley Photography shall have the right, at our sole discretion, to either honor the
displayed price or refuse/cancel any orders placed for that product at the incorrect price.
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Order Acceptance Policy

Your submission of an order and/or receipt of an order confirmation automated or otherwise does not
signify my acceptance of such order. Lita Xú Líng Kelley Photography reserves the right to cancel any order
that I deem necessary, at our sole discretion, regardless of the order status or whether you have
received a confirmation of the order.

We reserve the right to require additional information from you before accepting or processing any
order.
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Jurisdiction

Lita Xú Líng Kelley Photography is a sole proprietorship with it's principle place of business in Essex County,
Massachusetts and you agree that any legal action brought against Lita Xú Líng Kelley Photography shall be
governed by the laws of the state of Massachusetts without regard to its conflict of law principles.

Additionally, you agree that any and all disagreements arising from your use of or orders placed through
litakelley.com will be adjudicated in the county of Essex, Massachusetts by an
appropriate federal or state court.
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Return Policy

Replacement items for damage in shipping or misidentified images will be honored within a 10 day
return for replacement period, unless otherwise noted. All returns for replacement must follow the
conditions below:
• All products must be returned complete.
• Lita Xú Líng Kelley Photography will not accept items that have been intentionally physically
damaged or abused.
• All returns must be shipped freight prepaid.
• All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all
cases.
• Please allow 2-3 weeks for all replacement orders.
• Claim for missing products must be reported within 10 days from the date item is shipped.
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Unauthorized Returns

Shipments that are refused without authorization, or that are returned to us because the address was
invalid, are subject to a fee of 15% plus applicable shipping and handling fees.
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Sales Policy Agreement

By placing an order at Lita Xú Líng Kelley Photography website, a customer has agreed to the terms and
conditions of the sale as indicated on this website.

By placing an order at Lita Xú Líng Kelley Photography website, a customer has agreed to the total dollar
amount of the sale, and authorized Lita Xú Líng Kelley Photography to collect payment via the payment
method the customer specified.

Lita Xú Líng Kelley Photography reserves the right to make changes to this site and these terms and
conditions at any time.
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Privacy & Security Policies

Overview

Lita Xú Líng Kelley Photography does not rent, trade, loan, or sell your personal information, or any other
information which may identify you, to third parties. We are committed to protecting our customers'
privacy. The information we collect is used to process your order and to enhance your shopping
experience.
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Your Personal Information

When you place an order at our site, you provide us with your name, email address, credit card
information, address, and phone number. We use this information to process your order. The financial
information (credit card number, expiration date, billing address, etc.) that we collect from you is used
for billing purposes only.

At no time does Lita Xú Líng Kelley Photography have access to or store your credit card information.
Credit card payments are processed on secure & safe servers by Pixieset Media via PayPal & is bound by separate terms & privacy policy which may be viewed at https://pixieset.com/terms/

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Client Consent

By using our web site, you are agreeing to let me collect the aforementioned information (please see the
above) and use it in the said manner. If I decide to change my privacy policy, I will post those changes on
this page.

Lita Xú Líng Kelley Photography will cooperate with law enforcement agencies to identify any individual who
attempts to use our services for illegal activities. I will also report any activity I believe to be unlawful, to
the proper authorities.

Additionally, I may release account information when I feel that such a release is necessary to enforce
the terms of my user agreement, or to protect the rights, property, and safety of my users, Lita Xú Líng Kelley
Photography, or others.

Other sites accessible through Lita Xú Líng Kelley Photography have their own privacy policies and data
collection practices. Please consult each site's privacy policy.

Lita Xú Líng Kelley Photography is not responsible for the actions of third-parties.
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If you have any questions about this privacy statement, Lita Xú Líng Kelley Photography's practices, or your
business with Lita Xú Líng Kelley Photography, please contact Lita Xú Líng Kelley. Contact information can be
found at www.litakelley.com

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Digital Image License

CLIENT'S USAGE OF DIGITAL IMAGES

The Client/Buyer shall only use the digital files in accordance with the permissions within this agreement. The client’s digital files are for non commercial, personal use only and shall not be submitted to contests, reproduced for commercial use, or reproduced in any way by parties other than the Photographer. The redistribution of digital images is strictly prohibited.

Lita Xú Líng Kelley Photography grants client a non-exclusive, non-transferable, perpetual, personal-use license. Title and ownership, and all rights now and in the future, of and for the photographs remain exclusively with Lita Xú Líng Kelley Photography. There are no warranties, express or implied. The photographs are provided "as is."

SOCIAL MEDIA

The Buyer may share photographs via Facebook & other social media. Client shall not crop, edit, or add filters , text, graphics, logos or stickers to any photographs. This includes Facebook’s “automatic” filter. If you do so, you may be subject to cease & desist and a DMCA takedown notice will be filed with Facebook for removal of photographs. Use of Instagram filters and using any crop is prohibited. All images must be posted using original ratio. The same DMCA takedown will apply. Client may not alter file names or remove embedded copyright metadata. When posting to Facebook and other social media, crediting photographer Lita Xú Líng Kelley Photography is encouraged and appreciated, but not required.

WHAT YOU MAY DO

Personal, Non-Commercial use of the photographs includes:

Display & storage on personal computers & mobile devices
Posting on Facebook, Twitter , Instagram and other social media so long as it's in compliance with the above.

WHAT YOU MAY NOT DO

Client may not:

Resell, relicense, sub-license, redistribute without express written permission from the Photographer
Use the Photograph in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration
Use the Photograph in advertising
Use the Photograph in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner
Incorporate the Photograph into trademarks, logos, or service marks.
Make the Photograph available for download.
Submit to contests, publications, etc
Photos may not be altered in any way, including but not limited to terms already stated.
Neither Lita Xú Líng Kelley Photography nor Lita Xú Líng Kelley Photography's vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or client's use of the photographs.

LICENSE

All images are property of Lita Xú Líng Kelley Photography and are copyrighted by law. None of them can be copied, used, or published for commercial purposes without Lita Xú Líng Kelley Photography's written permission to do so. Lita Xú Líng Kelley Photography reserves the right to use all of Client’s images on website, blogs, or any other related marketing material.

Client may not print digital downloads without paying for a print rights release. Digital downloads, unless specified in our agreement are web resolution at 72 dpi which are not suitable for printing.

Violation of any of these terms forfeits clients rights of use of images and may be grounds for copyright infringement lawsuit.