By using this website as a user (“You”), You agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.
GENERAL PROVISIONS
This website is owned and operated by Cat MacDonald Photography LLC (hereafter “Our”, “We” or “Company”). Our principal place of business is located at 87 N 400 W, LaPorte IN 46350.
Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The terms and conditions contained on this page are subject to change at any time.
AGE REQUIREMENTS
You must be of legal age of majority in Your place of residence to be able to form legally binding contracts under applicable law to use Our website and to purchase Our services or products. Anyone who does not meet these criteria is unauthorized, unlicensed, and in violation of these Terms and Conditions.
By using this site, You represent and warrant that You can form a legally binding contract under applicable law and are of legal age of majority where You reside, and that You agree to abide by all of the terms and conditions of these Terms and Conditions.
INTELLECTUAL PROPERTY NOTICE
All images, galleries, text, designs, graphics, logos, branding elements, digital downloads, educational materials, and other content on this website and in products or services available for purchase are owned by and the property of Cat MacDonald Photography LLC, and are protected by United States Copyright Laws (U.S.C. Title 17) and applicable international copyright laws.
Website materials and delivered client work (including, but not limited to, digital image files) may not be copied for any reason, including your personal commercial use, redistribution, resale, or publication, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company, except where expressly allowed in your written client agreement or license.
We may prosecute You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
It is a violation of federal law to use any of Our intellectual property in whole or in part, and unauthorized modification or use of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes:
Republishing any text, images, designs, or other content on another website;
Using Our images or text for commercial purposes without a written license;
Running Our copyrighted text or content through an Artificial Intelligence engine for the purpose of generating derivative content; or
Using Our work to train AI models or similar tools.
You may not post a quote, image, or screenshot from Our site to any third-party website, including social media, without proper credit and, where required, Our prior written permission. We have spent significant time and money building the intellectual property located on this site and, in order to maintain the integrity of it, We will not allow any unauthorized third-party use.
DIGITAL PRODUCTS, SERVICES & PURCHASE POLICIES
From time to time, Cat Macdonald Photography may offer digital products, education, presets, guides, workshops, courses, or other materials for purchase in addition to photography services and tangible products (such as prints and albums).
By purchasing any product or service from Cat MacDonald Photography LLC, you are granted a limited, non-transferable, non-exclusive license to use the specific product or service you have purchased for your personal use only, unless otherwise specified in a separate written license or agreement.
You may not share, sell, distribute, or otherwise transfer any digital product, guide, course, or educational material to any third party. If you violate this license by giving or selling a copy of Our digital products to anyone, We reserve the right to invoice you for the additional licenses you have effectively gifted or sold to others and revoke your access to Our product(s) permanently.
In the event You are sent an invoice to pay for unauthorized use, You will have five (5) days to pay it. If no payment is made, We will have the right to seek payment through collections or any legal means.
Unless otherwise stated at checkout or in a written agreement:
All digital products, downloads, and educational materials are non-refundable due to the immediate nature of delivery and access.
Photography services, retainers, and session fees are subject to the terms outlined in Your specific client contract or service agreement, which will control in the event of any conflict.
Nothing in these Terms changes any cancellation, rescheduling, or refund policies contained in your signed photography agreement.
YOUR COMMUNICATIONS
Any communications made through Our contact form, inquiry form, blog, blog comments, newsletter sign-up or other related pages, or directly to Our phones, mailing address, or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties.
We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.
For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.
We maintain the right to republish any submission in whole or in part as reasonably necessary in the course of Our business.
You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to, communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMER
Our website, digital products, digital courses, and related materials are provided for educational and informational use only.
You agree to indemnify and hold harmless Our website and Company for any direct or indirect loss or damage incurred as a result of Your use of Our website, products, services, and any related communications, including as a result of any consequences incurred from technological failures such as payment processor error(s) or system failure(s).
While We may reference certain results, client experiences, testimonials, or outcomes on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of any particular outcome for You as a result of these statements or any other statements anywhere on this website.
If You have specific medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA/CFP respectively in Your county and state. We do not provide medical, legal, tax, or financial advice.
We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
While We may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk.
If You should see any errors or omissions and would like to let us know, please email us at hello@catmacdonald.com
ERRORS AND OMISSIONS
This website and Our products may at times contain minor errors and/or omissions. Company shall be held harmless for errors and omissions, and any inadvertent omission or error, and Company shall not incur liability or damages for such issues.
You are encouraged to report any errors or omissions as soon as practicable to Us, and any reported errors or omissions will be addressed as soon as reasonably possible after discovery.
ARTIFICIAL INTELLIGENCE (“AI”) DISCLAIMER
Our website and related materials may contain the use of AI technologies including, but not limited to, AI-generated text, graphics, images, and/or audio. AI technology may be used as a tool by Company to supplement, enhance, and make suggestions to Our content, but the thoughts, ideas, opinions, and the finished product are curated and approved by Our Company. We maintain copyright ownership over such content to the extent allowed by law.
Company may receive a non-exclusive license to use certain AI-generated content from third-party AI platform(s). You understand and acknowledge that We make no guarantee as to the accuracy of third-party AI-generated content contained herein, and You expressly acknowledge and understand that any information or knowledge You gain as a result of using any AI-generated content on this website is used at Your own risk.
ADVERTISEMENTS
We do not necessarily endorse or recommend any of the goods or services advertised on or through our website. We do not necessarily endorse or recommend any affiliates, vendors, or service providers referenced on our website.
EARNINGS DISCLAIMER
From time to time, We may share behind-the-scenes information, business insights, or educational content directed at photographers or other creative professionals. We make no income or financial claims, nor guarantees of any kind regarding the potential income that can be generated through Our communications or Your participation in the purchase of any of Our products.
Past results are not an indication or promise of Your results. There is no guarantee You will earn any money using any of Our materials, and Your revenue is dependent solely on You and Your actions or non-actions.
AFFILIATE LINKS
This site may use affiliate links to promote certain products, platforms, or services. Thus, We may engage in affiliate marketing whereby We receive commission funds through clicks or purchases made via affiliate links or codes provided on this website or related communications.
This disclosure is intended to comply with the U.S. Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
We disclaim any and all liability as a result of Your purchase through one of these affiliate links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer.
You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate.
It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and, if necessary, block Your IP address from further visits to Our site(s).
ENTIRE AGREEMENT
Before You register with Our website, submit an inquiry, or make any purchases, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions constitute the entire agreement between site users and Our Company relating to the use of this website.
SEVERABILITY
If any part of these Terms and Conditions or Our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
LAW AND JURISDICTION
These Terms, Conditions, and Privacy Policy are governed by and construed in accordance with the laws of Indiana, United States. Any dispute arising out of or related to the information contained herein is subject to adjudication in the courts of La Porte, Indiana, United States.
CONSENT
By using this website, You hereby consent to these Terms and Conditions of Use.
If You require any more information or have any questions about these Terms and Conditions of website use, or the included Privacy Policy, please feel free to contact us by email at hello@catmacdonald.com