TERMS AND CONDITIONS
BY VISITING NINAKPHOTOGRAPHY.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS LISTED BELOW.
The terms “we,” “us,” and “our” refer to Nina K Photography. The term the “Site” refers to ninakphotography.com The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Use of ninakphotography.com, including all materials presented herein and all online services provided by Nina K Photography, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
CANCELLATIONS, REFUNDS & RETURNS
Due to the digital nature of all purchases, we do not offer refunds. If you require assistance with a digital download please provide the order number and email [email protected]
USE OF THE SITE AND SERVICE
Information provided on the Site and in the Service related to WordPress Design & Development and other information are subject to change. Nina K Photography makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Nina K Photography disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Nina K Photography will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
PRODUCTS OR SERVICES DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to discontinue any product at any time.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Email: [email protected]
Our support team is here to help answer questions pertaining to any Nina K Photography theme and template setup and installation. Any further customizations to themes, templates is not covered under our provided support.
Nina K Photography Kadence Child Themes and Templates are consistently tested and updated to be compatible with the latest stable version of WordPress. However, Nina K Photography can give no guarantee that current versions of Nina K Photography and Themes will be compatible with the current or future versions of WordPress or Kadence. Whilst the theme and template purchase is for life for one time purchase, the theme’s lifespan is guaranteed for up to 18months from official creation release date, which is noted on the product page. Theme or template owners of discontinued or/and not supported themes or templates are not eligible for upgrades, free switches or guaranteed exclusive discounts.
WordPress.com does not allow any third-party or custom themes to be uploaded. Therefore, NINA K PHOTOGRAPHY themes and templates cannot be used on WordPress.com and require a self-hosted WordPress.org site. This is noted on every theme listing page, in our FAQ, terms, and several other areas around our site. Refunds are not available for purchasers whose sites are on WordPress.com.
WordPress.com Business Plan: This plan comes with the ability to upload custom themes. However, we cannot offer customizations, installation + setup, or support to themes installed on the WordPress.com Business Plan. WordPress.com does not provide access to backend files, which makes it impossible to make theme customizations and troubleshoot issues or errors. When installing a theme on the WordPress.com Business Plan, please do so at your own risk and understand that theme support is very limited.
All Nina K Photography themes are guaranteed to function on a clean installation of WordPress.
We can not guarantee the theme will work with all third party components, third party plugins, or browsers. Browser compatibility should be tested against the demonstration themes. Please ensure that the browsers you use will work with the themes and templates as Nina K Photography can not guarantee that the themes or templates purchased will work with all browser combinations.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Nina K Photography, including trademarks, copyrights, proprietary information, and other intellectual property. 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 the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
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 SITE OR SERVICE. ADDITIONALLY, NINA K PHOTOGRAPHY 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. THE FOREGOING APPLIES EVEN IF NINA K PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN NO EVENT SHALL NINA K PHOTOGRAPHY CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM NINA K PHOTOGRAPHY, AND IF NO PURCHASE HAS BEEN MADE BY YOU NINA K PHOTOGRAPHY CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
EFFECT OF HEADINGS
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.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and NINA K PHOTOGRAPHY pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by NINA K PHOTOGRAPHY shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by NINA K PHOTOGRAPHY.
If you require any more information or have any questions about the Terms and Conditions listed above please contact Nina K Photography via email [email protected] with the subject line TERMS AND CONDITIONS.
Last updated 23 May 2022.