Terms and Conditions
Agreement between User and mkzachphotography.com
Welcome to mkzachphotography.com. The mkzachphotography.com website (the "Site") is
comprised of various web pages operated by Mary Kate Zach Photography.
mkzachphotography.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the "Terms"). Your use of
mkzachphotography.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
mkzachphotography.com is a Blog Site.
The purpose of this website is to act as a portfolio for the photographer and provide an overview
of the photographer's services, as well as act as a point of contact for clients of the photographer.
Privacy
Your use of mkzachphotography.com is subject to Mary Kate Zach Photography's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting mkzachphotography.com or sending emails to Mary Kate Zach Photography constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Children Under Thirteen
Mary Kate Zach Photography does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
mkzachphotography.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
mkzachphotography.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Mary Kate Zach Photography and Mary Kate Zach Photography is
not responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Mary Kate Zach Photography is
providing these links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Mary Kate Zach Photography of the site or any association with its operators.
Certain services made available via mkzachphotography.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
mkzachphotography.com domain, you hereby acknowledge and consent that Mary Kate Zach
Photography may share such information and data with any third party with whom Mary Kate

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Zach Photography has a contractual relationship to provide the requested product, service or
functionality on behalf of mkzachphotography.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
mkzachphotography.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Mary Kate Zach Photography that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Mary Kate Zach
Photography 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, found on the Site.
Mary Kate Zach Photography content is not for resale. Your use of the Site 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 personal use, and will make no other use of the content without the express written
permission of Mary Kate Zach Photography 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 Mary Kate Zach Photography or our licensors except as
expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Mary Kate Zach Photography from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Mary Kate Zach
Photography Content accessed through mkzachphotography.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Mary Kate Zach Photography, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Mary Kate Zach Photography reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which

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event you will fully cooperate with Mary Kate Zach Photography in asserting any available
defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Mary Kate Zach Photography agree otherwise, the
arbitrator may not consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MARY KATE ZACH PHOTOGRAPHY AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
MARY KATE ZACH PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. MARY KATE ZACH PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MARY KATE ZACH PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

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RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARY KATE ZACH
PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Mary Kate Zach Photography reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Kansas
and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Mary Kate Zach Photography as a result of this agreement or use of the Site. Mary Kate
Zach Photography's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Mary Kate Zach Photography's right to
comply with governmental, court and law enforcement requests or requirements relating to your
use of the Site or information provided to or gathered by Mary Kate Zach Photography with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Mary Kate Zach Photography with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Mary Kate Zach Photography with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
Mary Kate Zach Photography reserves the right, in its sole discretion, to change the Terms under
which mkzachphotography.com is offered. The most current version of the Terms will supersede
all previous versions. Mary Kate Zach Photography encourages you to periodically review the

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Terms to stay informed of our updates.
Contact Us
Mary Kate Zach Photography welcomes your questions or comments regarding the Terms:
Mary Kate Zach Photography
8221 Quivira Road
Lenexa, Kansas 66215

Email Address:
mkzachphotography@gmail.com
Telephone number:
4026166799
Effective as of May 27, 2022