Last Updated on 25 April 2018
This website is owned and operated by MK Captures, LLC dba Magdalena Studios, a New Jersey company. These provisions apply to all websites owned by MK Captures, LLC including—but not necessarily limited to—mkcaptures.com, magdalenakernan.com, and magdalenastudios.com, magdalenastudios.co (hereinafter collectively referred to as the “Websites”).
This Website Usage Agreement (“Agreement”) is between a User (“you,” “your”) and the owners of MK Captures, LLC (“we,”, “us”, ”our,” “the company”). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.
All website users must be at least 18 years old or of necessary age in their country of residence. Use of these Websites is at your own risk. We host our Websites on a reputable platforms and take reasonable efforts to maintain and host the Websites. However, we make no explicit representations or warranties as to the safety or your individual use of the Websites.
We reserve the right, in our sole discretion, to update or revise this Agreement Your continued use of the site following the posting of any changes to the Agreement constitutes acceptance of those changes. The Agreement govern the use of the Site as well as the purchase of any products or services available through the Site. If you do not wish to be bound by these Terms and Conditions, please do not use the Site.
We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders in our sole discretion. If at any time we feel you have violated the Agreement, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice.
If you have questions about this site, contact email@example.com.
You agree to comply with all US Federal CAN-SPAM Acts. We have a zero tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your ability to use the website.
1. TERMS AND CONDITIONS:
Licenses and Access
We grant you a limited, revocable license to access and make personal use of the Site. Any use of the Site or its content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. Moreover, you are not permitted to:
Reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content (“Site Content”) for any purpose, except as expressly provided; Use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology which MK Captures, LLC has expressly agreed to, in writing); Use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site; Engage in any activity that interferes with the Site or another user’s information or use of the website; Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the Site; or Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
You acknowledge that:
The content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of MK Captures, LLC and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source. We reserve all rights in and to the Site unless we expressly state otherwise.
Children Under 18
We do not sell products for purchase by children; however, many of our photographs and products may be attractive to children, and any photographs or products that are described as such or are meant for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
You represent that all of the information, data and other materials you provide on the Site or to MK CAPTURES, LLC through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
Intellectual Property Notice
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, graphics, photographs, video, music, sounds, layout, designs, or source code, belonging to MK Captures, LLC, or any of our other properties or to our licensors (“IP”). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.
It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
THE FOLLOWING ARE PENDING TRADEMARK REGISTRATIONS OWNED BY MK CAPTURES LLC: SERIAL NO. 87770083.
The User expressly agrees and understands that while using this Site and all aforementioned Sites, the User is expressly prohibited from impermissibly appropriating or using any content from this Site absent written permission. “Content”, for the purposes described herein, includes any all text, copy, photographs, or opinions expressed on this Site. If the User uses any such Content absent express permission by Magdalena Studios, Magdalena Studios will notify User that they must remove the offending Content. If the User fails to remove such Content after a period of 30 days, User will pay an automatic fine of amount for each offense.
By purchasing your template or any product from MK Captures, LLC You are granted one revocable, worldwide, non-exclusive license to the product(s) You have purchased. If you violate this license by giving or selling a copy of Our template(s)/product(s) to anyone, or if you imply that anyone who gets access to our template/product(s) has the right to use it for his/her/its commercial purposes, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our template(s)/product(s) permanently. In short, You are not allowed to share our products with your industry friends. If they need a template, please direct them to our site to purchase their own license.
Any communications made through our ‘contact,’ blog, blog comments or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our Websites, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted in to such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring ‘white-listing’ of our email address.
If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Magdalena Studios, related courses, or any of our other properties.
Links and Affiliates
The Site may contain links to other websites or resources that are operated by third parties not affiliated with MK Captures, LLC. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and policies may apply to your use of any linked sites or resources. MK Captures, LLC is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
We reserve the right to link to products or services for which MK Captures, LLC earns a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclaim affiliate links in articles, resources and similar communications. We disclaim any and all liability as a result of your purchase through one of these links. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on the Websites or related communications.
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
Refunds & Payment Collection
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously, too. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. Products and services may differ in their Refund Policy, so be sure to check product information before purchasing. MK Captures, LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.
$100 due June 1
$101.50 due June 15
$103.03 due June 16
Sent to Collections July 15
After 30 days of outstanding payment, MK Captures, LLC reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
You will indemnify and hold harmless MK Captures, LLC from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by MK Captures, LLC and such parties, and shall defend MK Captures, LLC and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) your breach of the Terms and Conditions; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. MK Captures, LLC will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of MK Captures, LLC.
Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Limitation of Liability
To the extent legally permitted, in no event shall MK Captures or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.
SOME OF THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED BY INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MK CAPTURES, LLC . MK CAPTURES, LLC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER MK CAPTURES, LLC NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THIS SITE; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MK CAPTURES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MK CAPTURES, LLC NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MK CAPTURES, LLC IS TO DISCONTINUE YOUR USE OF THE SITE.
Although we endeavor to prevent the introduction of viruses or other malicious code (together, “malicious code”) to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks. We do our best to take precautions to ensure online shopping and access to our site is secure.
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
Our Websites and related materials and products are provided for educational/instructional and informational use only. You agree, for yourself and for any related parties that may bring charge on your behalf such as—but not limited to—spouses, representatives, subsidiaries or parent companies, and employees to indemnify and hold harmless MK Captures, LLC, and anyone chargeable on their behalf against any and all causes of actions or suits and for any direct or indirect loss or conduct incurred as a result of your use of our Websites and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s) from the beginning of time to the date of this Agreement arising from or relating to your use of said content and or products from the Websites.
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using these Websites, related materials, products, courses or the materials contained herein.
By purchasing any products or utilizing any content from MK Captures, LLC and the Websites, you agree and understand that you are responsible for your results and that results may differ significantly from user to user. Any example on the Websites of results obtained by another user as a result of the content or products is for illustration purposes, and is not a representation nor guarantee that the content or product will be yield similar results for you.
The Websites are updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at firstname.lastname@example.org.
While we endeavor to ensure that our website content is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on MK Captures, LLC or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, MK CAPTURES, LLC MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF MK CAPTURES, LLC MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH MK CAPTURES, LLC SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MK CAPTURES, LLC DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect.
The information contained herein constitutes the entire agreement between the Websites’ users and our company relating to the use of the Websites. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
Updates and Amendments
We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your continued use of this website and materials will be regarded as acceptance by you of any changes to this Agreement.
Law and Jurisdiction
This Agreement is governed by and construed in accordance with United States law and the laws of the state of New Jersey. Any dispute arising out of or related to the information contained herein is subject to adjudication in Cape May County, New Jersey.
The owner of this website is MK Captures, LLC. Our email address is email@example.com. Please contact us directly for any technical issues.
At times, personal information, such as your name and email address are collected in exchange for our content and/or products. We will never force you to give us this information; such activity is strictly voluntary. Usually the information we obtain from you is necessary to complete your transaction. This may include your name, address, telephone number, email address, and credit card number. We also keep records of your specific product purchases and transactions with us. We use this information to process your purchase transactions, to send you marketing and promotional materials by email, and to help us improve our online product assortments and services. You always have the option to opt out of mailings, and we never share or sell any of our customers’ information.
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means.
Cookies, Log Files and Web Beacons
Like many other websites, we makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the Websites, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
If you wish to disable cookies, you may do so through your individual browser options.
Third Party Privacy Policies
We send promotional emails to you only if you have asked to receive them. Each time you receive an email from us, you will be given the opportunity to “opt-out,” or stop receiving them. Simply follow the unsubscribe link at the bottom of the email or contact us to remove your name from our mailing list.