These terms and conditions (the "Terms and Conditions") govern the use of www.mckinneymedia.co (the "Site") and McKinney Media's services. This Site is owned and operated by McKinney Media LLC. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of McKinney Media LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

You must be 18 years old or older and have the requisite mental capacity to agree to these Terms and Conditions to gain access to our website. This Website is not for use by those under the age of 13 or those under the age of 18 without parental consent. We do not knowingly collect personal information from children under the age of 13, nor do we specifically market to children under the age of 13. The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

Harass or mistreat other users of our Site;

Violate the rights of other users of our Site;

Violate the intellectual property rights of the Site owners or any third party to the Site;

Hack into the account of another user of the Site;

Act in any way that could be considered fraudulent; or

Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

Digital Products and Education.

The following services are available on our Site:

Photography, Video, Marketing, and Graphic Design Services, as well as Consulting.

The services will be paid for in full or at least a 50% deposit, to schedule appointment.

Unpaid or overdue invoices may result in suspension or termination of The Project or Projects. Along with this agreement, the client will be invoiced. If Client fails to pay any invoice when it is due, in addition to amounts payable thereunder. Client will promptly reimburse collection costs, including reasonable attorney's fees plus a monthly service charge at the rate of 1.5% of the outstanding balance of the invoice to the extent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as designated by the Client; non designated payments will be applied to the oldest invoices outstanding.

Payment will be made to the Business via cash, gift card or by any other payment method determined by the Business. We DO NOT ACCEPT CHECKS of any kind.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Cancellation / Rescheduling Policy

There are NO REFUNDS, but the Client may RESCHEDULE their appointment up to 72 hours before appointment. All services CANNOT be downgraded, but can be upgraded. We ask that you reschedule at least 72 hours before the beginning of your appointment, or you may lose your deposit, be charged a fee of $100.00, or more. Cancellations, change of dates, are subject to additional fees. If you book within 72 hours of your service date, we will not accept any rescheduling or cancellations.

No Call No Show:

If you fail to reschedule or cancel within allowed time, and or "no show" to your appointment, the full amount of the service can be charged, and you may incur an additional fee on your next appointment.

Deliverables and Turnaround Time

- Entire Gallery of Professionally Edited Photos delivered via Private Online Gallery.

The Deliverables are to be agreed upon in writing and are due to the Client within 7-14 Business Days from the last service date unless both parties agree in writing to change the due date. Expedited editing is available at an additional premium. The Client will be provided with a link to an Online Gallery to download and view their session deliverables. ALL GALLERY LINKS ARE TEMPORARY AND ARE EVENTUALLY DELETED.

The amount of Deliverables per location, per day, is approximate unless otherwise agreed upon by both parties in writing.

Quality Standard Disclosure

We DO NOT deliver any unedited photo or video files at all whatsoever for two main reasons.

1. The .RAW image files are files are straight from our cameras and are untouched. At the .RAW state, the files are 10x bigger or more than the files you receive in the final image gallery. It takes a special software we've invested in to convert them into an image so that you can view it on your devices. The action of converting these files is part of what you paid for with our services. This process takes a long time.

2. Unedited files don't represent our finished product just yet. Our service is officially finished once we edit, color correct, retouch blemishes, and upload the files to an online gallery for you to download. This helps us maintain our quality standard that we worked hard to achieve and work hard daily to maintain.

From the shoot of each and every client, each photographer must backup the files to multiple locations, edit and compress every file, make sure the edits correspond with our creative style, upload and send the online gallery to the Client. This is why there is a delivery window after the shoot.

Revisions:

The Client will review the work product and provide timely (within 3 Business Days according to The Business's hours) revision requests. The Client will be limited to 1 free revision list submitted to The Business in writing via email, any and all new revisions submitted after the first and only written revision list are subject to additional fees starting at $100 for negligence of The Business's time.

Copyright Disclosure

In the United States, the person or company taking the photograph owns the copyright immediately upon pressing the shutter. Photographers are protected by Copyright law from the moment of creation according to the Federal Copyright Act of 1976. McKinney Media LLC retains Copyright of all content captured and delivered.

Law of Negligence

The Client affirms that they are familiar with the Law of Negligence.

The Business asserts its right to request that The Client and associates, partners, and clients have a duty to take care not cause damage that is reasonably foreseeable to The Business's property. If The Client violates their duty of care, it is The Client's legal liability to compensate The Business for the full purchase price of the item damaged at The Business's valuation of damages accrued.

Social Media Tagging

The Client WILL clearly tag The Business on social media, marketing, or advertising on the Internet or within any other media as McKinney Media (@mckinneymedia.co) to give proper credit to The Business.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Subscriptions

Your subscription does not automatically renew. You will be notified before your next payment is due and must authorize that payment in order for your subscription to continue.

Payments

We accept the following payment methods on our Site:

Credit Card;

PayPal;

Debit;

Direct Debit;

Zelle;

Afterpay; and

Official McKinney Media LLC Gift Card (Not Expired).

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will not be charged for the delivery of the goods you purchase on our Site.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

We do not offer refunds of any kind.

Returns

We do not offer returns. You may upgrade your service. You may not cancel or get refund once nonrefundable deposit / payment is made. Client may reschedule once. Client may reschedule service within 72 hours notice. If client books within 72 hours, they cannot reschedule.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

McKinney Media LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless McKinney Media LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and McKinney Media LLC are unable to resolve any dispute through informal discussion, then you and McKinney Media LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and McKinney Media LLC. The costs of any mediation or arbitration will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, you and McKinney Media LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

McKinney Media LLC

tel:484-222-5062

hello@mckinneymedia.co

306 S New St, Bethlehem, PA 18015 Suite #110

United States of America

Effective Date: 24th day of July, 2023​