Terms of Use

Welcome to KreutzPhotography.com. The KreutzPhotography.com website (the "Site") is comprised of various web pages operated by Kreutz Photography. KreutzPhotography.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of KreutzPhotography.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

KreutzPhotography.com is an E-commerce Site offering Photography Services

Your use of KreutzPhotography.com is subject to Kreutz Photography's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Visiting KreutzPhotography.com or sending emails to Kreutz 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.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kreutz Photography is not responsible for third party access to your account that results from theft or misappropriation of your account. Kreutz Photography and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Kreutz 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 KreutzPhotography.com only with permission of a parent or guardian.

*See the "Childrens Online Privacy Protection Act Compliance" section in our Privacy Policy

Kreutz Photography retains the copyright to the images we photograph, but it is understood that we grant the purchaser of our product(s) virtually unlimited use of the images for personal use only. Our photos may not be used commercially (advertising, editorial, or otherwise) without specific consent. This includes giving or selling the photos to professional publications, such as newspapers or magazines (either print or web-based), to television programs of any kind (including news programs), or to advertising, photo, or other commercial agencies. Our images may be used in newsletters or publications for non-profit organizations provided that appropriate credit is given to Elizabeth Kreutz. We reserve the right to require the customer to sign an agreement that he/she will honor these terms of use.

  • How may I use my photographs/digital images?
    The customer agrees and understands that he/she receives unlimited personal use of Kreutz Photography's photos. Personal use includes the making of prints on a home printer or through a commercial digital photography service, the making of posters, t-shirts, stickers, cards, calendars, posting on personal web pages, and e-mailing to friends and relatives.
  • What are the limitations concerning the use of my photographs/digital images?
    Kreutz Photography's photos may not be used for commercial purposes without consent. Commercial uses include placement of the photos in advertisements, providing the images to an advertising or public relations agency for use in advertising campaigns, political advertising, or placement on commercial web sites (even for journalistic use). The customer agrees he/she will not provide Kreutz Photography's photos to any for-profit publication, such as newspapers, magazines, television stations (including television news and sports shows).
  • Can the photographs be used for commercial purposes?
    Kreutz Photography does not prohibit the use of its photos for commercial purposes, but it does require consent and most likely a fee. Please contact Elizabeth Kreutz for a fee schedule or further information about using our photographs for commercial purposes.

Kreutz Photography guarantees that your order will be free from defects. In the event that your order is defective, or is damaged in shipping, simply return the damaged portion of your order within 30 days to Kreutz Photography in its original shipping materials along with a copy of your reciept and an explanation of what was found to be defective, and we will replace it, free of charge.

What if I have questions regarding my returns?

  • If you have other questions regarding your returns you may e-mail help@kreutzphotography.com or call 512-426-2853 with your questions.

Contract Photo Services
Contract Photo Services (either Private or Group) are payable in full upon delivery of the product. We accept cash, check, Visa, Mastercard, or American Express. Kreutz Photography may request, at their discretion, that you sign and submit a guarantee of payment before services are scheduled or provided.

  • Injury: If the photo subject becomes injured during an event or game before Kreutz Photography has secured the guaranteed number of photographs, the photo service will be rescheduled for a time agreeable to the customer and Kreutz Photography.
  • Illness: If the photo subject becomes ill and cannot attend the scheduled event or game, Kreutz Photography requires notification by phone, at least two hours prior to the event or game.
  • Game Misconduct: If the photo subject is ejected from the contest for fighting, misconduct, technical fouls, or any rules violations, the customer is responsible for our full fee. We will deliver any acceptable photos which were taken before the ejection.
  • Failure to Participate: If the photo subject does not play, compete, or otherwise participate in a given event or game for a lenght of time sufficient to capture the guaranteed number of photographs, the customer is responsible for our full fee. We will deliver any acceptable photos which were taken.
  • Failure to Appear: If Kreutz Photography arrives to photograph a subject and the subject is not present, and Kreutz Photography has not been notified, the customer agrees to pay a $100 forfeiture fee.
  • Inclement Weather: In the event of inclement weather or the otherwise cancellation of the event in which we were contracted to photograph, the customer has the option to reschedule or cancel the photo service.

Photos & Downloads (Internet Orders)
All internet orders are final at the time of sale (when you submit your order through the Kreutz Photography website). Payment for your order is usually processed the same day, and your order is usually processed and mailed to you within 72 hours. Due to the nature of the products we provide, we will offer no refunds, but will gladly exchange damaged merchandise. Please see our Return/Refund Policy above for further details.

  • Why don't you offer refunds?
    We have ultimately decided not to offer refunds on our products because they are very easily duplicated. It would take only a few moments to copy a digital file or scan a print. This precaution is to protect us from a few bad apples out there who would take advantage of such resources.

In the event that inclement weather causes your Contract Photo Service to be cancelled or rescheduled, you have the option to reschedule or cancel your contract. OR, if Kreutz Photography deems that particular weather conditions during your scheduled service poses an unnecessary risk to the photographer or the photography equipment, we reserve the right to stop the service and either issue a refund or reschedule the service (customer's choice).

  • What constitutes inclement weather?
    Generally any weather condition, such as rain, sleet, hail, lightning, or extremely high winds, which may cause damage to the subject, photographer, or equipment. Usually, these are the same conditions which will cause an event to be rescheduled, postponed, or cancelled.

Occasionally we will send out notices of Special Offers and Discounts. As a registered customer of Kreutz Photography, you have the option at any time to subscribe (opt-in) or unsubscribe (opt-out) of these emails by checking or unchecking the Email List checkbox which is part of your Customer Profile. Visitors who are not currently customers who wish to opt in can do so by creating a Customer Profile.

KreutzPhotography.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kreutz Photography and Kreutz 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. Kreutz Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kreutz Photography of the site or any association with its operators.

Certain services made available via KreutzPhotography.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the KreutzPhotography.com domain, you hereby acknowledge and consent that Kreutz Photography may share such information and data with any third party with whom Kreutz Photography has a contractual relationship to provide the requested product, service or functionality on behalf of KreutzPhotography.com users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use KreutzPhotography.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kreutz 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 Kreutz 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. Kreutz 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 Kreutz 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 Kreutz Photography or our licensors except as expressly authorized by these Terms.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Kreutz Photography has no obligation to monitor the Communication Services. However, Kreutz Photography reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kreutz Photography reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Kreutz Photography reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kreutz Photography's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kreutz Photography does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kreutz Photography specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kreutz Photography spokespersons, and their views do not necessarily reflect those of Kreutz Photography.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Kreutz Photography does not claim ownership of the materials you provide to KreutzPhotography.com (including feedback and suggestions) or post, upload, input or submit to any Kreutz Photography Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kreutz Photography, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Kreutz Photography is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kreutz Photography's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You will be able to connect your Kreutz Photography account to third party accounts. By connecting your Kreutz Photography account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

The Service is controlled, operated and administered by Kreutz 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 Kreutz Photography Content accessed through KreutzPhotography.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

You agree to indemnify, defend and hold harmless Kreutz Photography, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' 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. Kreutz 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 event you will fully cooperate with Kreutz Photography in asserting any available defenses.

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. KREUTZ PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KREUTZ 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. KREUTZ 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 KREUTZ 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 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 KREUTZ 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.

Kreutz 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 Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas 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 Kreutz Photography as a result of this agreement or use of the Site. Kreutz Photography's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kreutz 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 Kreutz 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 Kreutz 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 Kreutz 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.

Kreutz Photography reserves the right, in its sole discretion, to change the Terms under which KreutzPhotography.com is offered. The most current version of the Terms will supersede all previous versions. Kreutz Photography encourages you to periodically review the Terms to stay informed of our updates.

Kreutz Photography welcomes your questions or comments regarding the Terms:
Kreutz Photography
Austin, TX
Email Address:
help@kreutzphotography.com

Telephone number:
512-426-2853

Last Modified December 11, 2014

Kreutz Photography
Austin, TX
KreutzPhotography.com