NOTE: ALL RIGHTS TO PHOTOGRAPHIC IMAGES ON THIS WEBSITE ARE RESERVED. PLEASE CONTACT KIMBERLY KULAK PHOTOGRAPHY FOR PERMISSION PRIOR TO ANY USE WHATSOEVER. NO RIGHT TO COPY OR USE THE IMAGES IS GRANTED OR IMPLIED.

CONDITIONS ON USE OF WEBSITE. Kimberly Kulak Photography makes this website (the “ Website”), including all photographs, images, downloadable portfolios, graphics, moving images, text, sound, illustrations and software available through the Website (collectively, the “Content”), available for your review subject to the terms and conditions set forth in this document, and any changes to this document that Kimberly Kulak Photography may publish from time to time (collectively, the “Terms of Use”) and further subject to the Privacy Statement on the Website.

OWNERSHIP; RESTRICTIONS. This Website is owned and operated by Kimberly Kulak Photography. All Content, is owned by Kimberly Kulak Photography and/or certain third party content providers. All elements of this Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and all other laws protecting intellectual property rights including contract law pursuant to this agreement. No Content or portion thereof may be copied, reproduced, republished, uploaded, scanned, posted, transmitted, or distributed in any way, without Kimberly Kulak Photography’s prior written permission, except that you may view the Content on any single computer monitor for review purposes only, provided you keep intact, without change all images and copyright, trademark and other proprietary notices.

Modification of the Content or use of the Content for any other purpose is a violation of Kimberly Kulak Photography copyright, trademark, and/or other proprietary rights. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, or the Content or their selection and arrangement. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

USE INDICATES CONSENT TO THESE TERMS. By accessing or using this Website in any way, including, without limitation, merely browsing the Website, you agree to and are bound by these Terms of Use and the Privacy Statement and any guidelines or rules posted on this Website. If you do not agree with such documents and terms of use, please do not use this Website.

RIGHT TO CHANGE TERMS OF USE. Kimberly Kulak Photography reserves the right to change the Terms of Use and other guidelines or rules posted on the Website from time to time at its sole discretion. Your continued use of the Website, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Website at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates.

COOKIES. When you visit this Website, Kimberly Kulak Photography reserves the right to place a text file called a "cookie" in the browser directory of your computer's hard drive.

A cookie is a small piece of information that a website can store on your web browser and later retrieve. Kimberly Kulak Photography reserves the right to use cookies to examine your web-surfing behavior before or after leaving this website. If you do not agree with the terms of Kimberly Kulak Photography’s Privacy Statement, please do not use this Website.

INFORMATION SUBMITTED BY YOU DIRECTLY OR AS A RESULT OF YOUR USE. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Kimberly Kulak Photography or others or as otherwise described in our Privacy Statement. YOU FURTHER ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO KIMBERLY KULAK PHOTOGRAPHY BY YOU BY ANY MEANS WHATSOEVER MAY BE USED BY KIMBERLY KULAK PHOTOGRAPHY FOR (AMONG OTHER THINGS) THE PURPOSE OF MONITORING, POLICING AND PROSECUTING CLAIMS FOR ANY SUSPECTED OR ACTUAL VIOLATION OF KIMBERLY KULAK PHOTOGRAPHY’S COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY KIND. KIMBERLY KULAK PHOTOGRAPHY MAY SHARE THIS INFORMATION WITH LEGAL COUNSEL, INVESTIGATORS, OTHER AGENTS, OR THIRD PARTIES.

DISCLAIMERS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND KIMBERLY KULAK PHOTOGRAPHY AND ITS ASSIGNS AND DESIGNEES EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

KIMBERLY KULAK PHOTOGRAPHY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN THIS WEBSITE WILL BE UNINTERPRETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. KIMBERLY KULAK PHOTOGRAPHY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KIMBERLY KULAK PHOTOGRAPHY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY OR MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LIMITATION OF LIABILITY. Under no circumstances, including, but not limited to negligence, shall Kimberly Kulak Photography be liable for any special or consequential damages that result from the use of, or the inability to use, the Content in this Website, or the Website, even if Kimberly Kulak Photography or Kimberly Kulak Photography’s authorized representative have been advised of the possibility of such damages. Applicable law may or may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Kimberly Kulak Photography’s total liability to you for all damages, losses, liabilities of any kind, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Website.

GOVERNING LAW AND JURISDICTION. This Website (excluding linked sites) is controlled by Kimberly Kulak Photography from its offices within the state of Connecticut, United States of America. By accessing this Website, you and Kimberly Kulak Photography agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Kimberly Kulak Photography also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Connecticut with respect to such matters.

MISCELLANEOUS. The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between Kimberly Kulak Photography and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Kimberly Kulak Photography to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.