PHOTO LICENSING

Kiarah Studios (KS) RETAINS ALL RIGHTS, LICENSE, COPYRIGHT, TITLE, DESCRIPTIONS, AND OWNERSHIP OF THE MEDIA CONTAINED in KS website(s), portal(s), digital and physical product(s). The term Kiarah Studios or KS is used to refer to all businesses under or associated with Kiarah Studios, such as and not limited to, Kiarah Photography, Kiarah Portraits, Kiarah Studios, Kiarah Designs, Kiarah Backdrops, Kiarah Media, Kcaptured, Kiarah Session, Kiana Portraits, Kiana Photography and others. Digital Media and/or Product(s) may be available for purchase through the online store or through contract with KS. KS permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed.

The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to KS. There are no warranties, express or implied under this provision. It is noted that the customer accepts that the Media and/or Product(s) are provided ‘as is’. 

Under this provision, neither KS and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).

All the Media contained in the digital and physical products are the copyright of Kiarah Studios by law. None of them can be copied, used, or published for commercial purposes without Kiarah Photography’s clear permission to do so. KS reserves the right to the use of the Media contained in the digital and physical products for its promotions, marketing material, portfolio, website and social media platforms after receiving express written permission from the subject, or responsible parent/guardian of the subject in case the subject is a minor.

CUSTOMER ALLOWABLE ACTIONS

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

• The customer may display Product(s) and Media on personal websites and computers.
• The customer may make images and or prints for personal use.

CUSTOMER BARRED ACTIONS:

Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

• The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from KS.
• The customer may not use the media in any fashion that requests and/or charges others money or fees and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
• The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
• The customer shall not incorporate the Media, Product(s), or KS brand or logo into any trademarks, logos, or service marks.
• The customer shall not make any purchased Media or Product(s) available for download.
• The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by our policy.

PERSONAL INFORMATION

We collect various types of personal information when you use any of our websites, mobile sites, or mobile applications (our “Sites and Apps”); purchase any products or services from us; schedule an appointment to be photographed; visit or are photographed at one of our offices, studios, or on-site photography locations; engage with us, such as through one of our customer service representatives or on social media; sign up for notifications or register for customer rewards programs; access emails we send you; or complete a survey or enter a contest or sweepstakes that we sponsor. This information may be collected directly from you (for example, when you complete our forms or enter your information on our websites to make a purchase) or indirectly through your device or browser when you visit our Sites and Apps.

We use your information to fulfill product orders, to customize and improve the advertising and content you see, to offer suggestions for personalized products based on your content, to deliver marketing communications and promotional materials that you may be interested in, to contact you and provide customer service, to protect the security or integrity of our databases or websites, to detect and prevent fraud or illegal activity, to take precautions against liability, to detect and remediate violations of our Terms of Use or other misuse of our Sites and Apps, for internal operational purposes, and to develop and improve our products and services, including to train our algorithms, models, and products and services which may incorporate artificial intelligence or machine learning.

Our Sites and Apps may be linked on other websites or may contain links to other websites. Our Privacy Notice only applies to our Sites and Apps, and we are not responsible for the privacy practices, security standards, or content of other sites. You should check the privacy policies of those sites before providing your personal information to them.

PERSONAL INFORMATION AND PHOTOS

We don’t provide personally identifiable information and/or photos that are collected as part of our processes to anyone in exchange for money. We may use Media contained in the digital and physical products for our promotions, marketing material, portfolio, website and social media platforms after receiving express written permission from the subject, or responsible parent/guardian of the subject in case the subject is a minor.

We sometimes use third-party service providers to act on our behalf, for example shipping companies to help us deliver our services, fulfill your product orders, process payments, enhance and personalize your shopping experience with us, deliver our advertisements, and to provide professional, marketing, security, and information technology services. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.

If we photograph you pursuant to a contract with your employer or school or other organization you are affiliated with, we may share your information with that organization as necessary to fulfill our contractual obligations.

We may be required to share your personal information in other, limited circumstances. For example, we may be required to share certain information to respond to a subpoena or similar judicial process, to comply with state, federal, or local laws, to protect the security or integrity of our databases or website, to take precautions against liability, in the event of a corporate reorganization or, to the extent required by law, to provide information to law enforcement agencies.

Additionally, your information may be transferred to another organization if, for example, we negotiate for or transfer the ownership or operation of the Sites and Apps because we have merged with or have been acquired by another organization, if we liquidate our assets, if there is a change in ownership control, or if there is a financing transaction. In those cases, the new company’s use of your information will still be subject to this Notice and the privacy preferences you have expressed to us.

PHOTO DATA RETENTION

The raw photos are retained for up to 12 months after the event and the processed photos are retained in the password protected albums for up to 5 years after the event, so that they can be retrieved if needed. The photos and albums can be deleted forever after receiving an express written request from the interested party. Once deleted, the photos will be completely erased, and they cannot be retrieved under any circumstances. Anyone interested in deleting the album can directly email us the request at kiarahstudios@gmail.com.

Although no website, application, database, or system is completely secure or “hacker proof,” we have safeguards in place to protect against unauthorized access and disclosures of the personal information we control, including technical, physical, and administrative safeguards and security measures. Despite these measures, however, we cannot guarantee that our information security safeguards will never be compromised.

KS retains your information only for as long as is necessary for the purposes set out in this Policy or as needed to provide the Sites, Apps and associated services (Services) to you. If you no longer want KS to use your information to provide the Services to you, you may request us to delete your album by emailing us at kiarahstudios@gmail.com. KS will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax laws), resolve disputes, perform and enforce our agreements, and as otherwise described in this Policy.

CONTACT

For further information or any questions regarding our privacy and photo policies, please reach us at kiarahstudios@gmail.com.