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Policies 

Terms of Service 

TERMS OF SERVICE

Welcome to throughkcslens.com! These Terms of Service ("Terms") govern your access to and use of the throughkcslens.com website (the "Service"), operated by KC Photography, a Minnesota, USA company ("us", "we", or "our").

Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

1. Definitions

  • Service: Refers to the ThroughKCsLens.com website and all associated services, features, and content.

  • User/You: Refers to any individual or entity accessing or using the Service.

  • Photographer/Artist: Refers to individuals who upload, display, or sell their photographic works through the Service.

  • Client/Purchaser: Refers to individuals or entities who purchase or license photographic works through the Service.

  • Content: Refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted.

  • Photographs/Works: Refers specifically to the photographic images uploaded, displayed, or sold on the Service.

2. Account Registration and Eligibility

  • Account Creation: To access certain features of the Service (e.g., uploading photos, making purchases), you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

  • Account Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

  • Eligibility: You must be at least 18 years of age to use our Service. By using the Service, you represent and warrant that you meet this age requirement.

3. Intellectual Property Rights

  • Ownership of Content: All Content, including Photographs, uploaded by Photographers remains the intellectual property of the respective Photographer.  ThroughKCsLens.com does not claim ownership of Content submitted by users.

  • Limited License to throughkcslens.com: By uploading Photographs to the Service, you grant throughkcslens.com a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Photographs in connection with the Service and throughkcslens.com (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license is solely for the purpose of enabling us to operate and improve the Service and to promote the works displayed on the Service.

  • License to Clients/Purchasers: When a Client purchases or licenses a Photograph through the Service, the specific terms of the license (e.g., personal use, commercial use, royalty-free, rights-managed) will be clearly defined on the product page or in a separate licensing agreement. Clients agree to abide by the terms of the license granted for each Photograph. Unauthorized use, reproduction, or distribution of purchased or licensed Photographs beyond the scope of the granted license is strictly prohibited. Please refer to our store policies section.

  • Copyright Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us by email: throughkcs.lens@gmail.com

4. User Conduct and Responsibilities

  • Prohibited Activities: You agree not to:

    • Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

    • Upload, post, or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

    • Upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

    • Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

    • Upload, post, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    • Interfere with or disrupt the Service or servers or networks connected to the Service.

    • Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the throughkcslens.com server.

  • Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations regarding your use of theService.

5. Sales and Transactions

  • Pricing: Photographers set the prices for their Photographs. throughkcslens.com may take a commission on sales.

  • Payment Processing: We use third-party payment processors to facilitate transactions. You agree to their terms and conditions for payment processing. We are not responsible for any issues arising from their services.

  • Refunds and Returns: Our refund and return policy is outlined in our [Link to your Refund/Return Policy].

  • Taxes: You are responsible for any taxes associated with your use of the Service and any transactions conducted through the Service.

6. Disclaimers

  • "As Is" Basis: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk.

  • No Warranties: We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • Accuracy of Content: While we strive to provide accurate information, we do not warrant that the Content on the Service is accurate, complete, reliable, current, or error-free.

  • Third-Party Links: The Service may contain links to third-party websites or services that are not owned or controlled by ThroughKCsLens.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party18 websites or services.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall KC Photography, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Indemnification

You agree to defend, indemnify, and hold harmless KC Photography and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted by you on the Service.

9. Termination

  • By You: You may terminate your account at any time by contacting us at .

  • By Us: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed and construed in accordance with the laws of, without regard to its conflict of law provisions.

  • Dispute Resolution: Any dispute arising out of or relating to these Terms or Service will be resolved through binding arbitration in Minnesota, USA, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Contact Us

If you have any questions about these Terms, please contact us:

 

PRIVACY POLICY

Effective Date: June 12, 2025

This Privacy Policy describes how throughkcslens.com ("we," "us," or "our") collects, uses, and discloses your information when you visit or make a purchase from throughkcslens.com (the "Site") or use our services.

1. Information We Collect

We collect various types of information from and about users of our Site, including:

  • Personal Information (Directly Provided by You):
     

    • Account Information: When you register for an account (as a user, photographer, or client), we collect your name, email address, password, and contact information.

    • Profile Information (for Photographers): If you are a photographer, you may choose to provide additional information for your public profile, such as a biography, website link, social media links, and portfolio details.

    • Transaction Information: When you make a purchase or sale, we collect information necessary to process your transaction, including billing address, shipping address (if applicable), and payment details (though we typically use third-party payment processors who handle your full credit card details directly – see "Third-Party Payment Processors" below).

    • Communications: When you communicate with us (e.g., customer support inquiries, feedback), we collect the content of your communications.

    • User-Generated Content: Any content you upload, such as photographs, comments, reviews, or messages, may be collected.

  • Automatically Collected Information (Usage Data):
     

    • Log Data: When you access or use our Site, our servers automatically record information, including your IP address, browser type, operating system, referring URLs, pages viewed, and the dates and times of your visits.

    • Device Information: We may collect information about the device you use to access our Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

    • Cookies and Tracking Technologies: We use cookies and similar tracking technologies (like web beacons and pixels) to track activity on our Service and hold certain information. Cookies are files with a small amount of data that may include an anonymous unique identifier. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. 

 

2. How We Use Your Information

We use the information we collect for various purposes, including:

  • To Provide and Maintain the Service: To operate, maintain, and improve our Site and services, including facilitating the display and sale of photographs.

  • To Process Transactions: To process your orders, payments, and provide you with products or services you request.

  • To Manage Your Account: To manage your registration as a user or photographer, and provide you with access to different functionalities of the Service.

  • To Communicate with You: To send you transactional emails, order confirmations, updates, security alerts, and administrative messages. We may also send you marketing and promotional communications, from which you can opt-out.

  • To Personalize Your Experience: To tailor the content and features we display to you, such as recommending photographs or photographers you might like.

  • For Analytics and Research: To understand how users interact with our Site, analyze trends, and gather demographic information. This helps us improve our services and user experience.

  • For Security and Fraud Prevention: To detect, prevent, and address technical issues, fraud, or security incidents.

  • To Enforce Our Terms: To enforce our Terms of Service and other policies.

  • To Comply with Legal Obligations: To comply with applicable laws, regulations, and legal processes.

3. How We Share Your Information

We may share your information with third parties in the following circumstances:

  • With Other Users (for Photographers/Artists): If you are a photographer, certain information from your profile (e.g., your name, biography, portfolio) will be publicly visible to other users of the Site.

  • With Service Providers: We engage third-party companies and individuals to facilitate our Service, provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Examples include:

    • Payment Processors: Wix.com & Stripe. When you make a purchase, your payment information is collected and processed directly by these third-party processors. We do not store your full credit card details on our servers.

    • Hosting Providers: Wix.com.

  • For Business Transfers: If we are involved in a merger, acquisition, or asset sale, your Personal Information may be transferred as a business asset. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

  • For Legal Reasons: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). This includes complying with subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

  • To Protect Rights and Safety: We may disclose your information when we believe it is necessary to investigate, prevent, or take action regarding potential violations of our Terms of Service, illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or as evidence in litigation in which we are involved.

  • With Your Consent: We may share your information with other third parties when we have your explicit consent to do so.

4. Data Security

The security of your Personal Information is important to us. We implement reasonable administrative, technical, and physical safeguards designed to protect the information we collect from unauthorized access, use, alteration, and destruction. However, please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

5. Data Retention

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements. When we no longer need to process your data for the purposes set out in this Privacy Policy, we will delete or anonymize it.

6. Your Data Protection Rights

Depending on your location, you may have the following data protection rights:

  • The Right to Access: You have the right to request copies of your personal data.

  • The Right to Rectification: You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.

  • The Right to Erasure (Right to be Forgotten): You have the right to request that we erase your personal data, under certain conditions.

  • The Right to Restrict Processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.

  • The Right to Object to Processing: You have the right to object to our processing of your personal data, under certain conditions.

  • The Right to Data Portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

  • The Right to Withdraw Consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time.

To exercise any of these rights, please contact us using the contact details provided below. We may need to verify your identity before responding to your request.

7. Children's Privacy

Our Service is not intended for individuals under the age of 18. We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child without verification of parental consent, we take steps to remove that information from our servers.

8. Third-Party Links

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

9. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Effective Date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

10. Contact Us

If you have any questions about this Privacy Policy, please contact us:

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