Terms of Service Agreement

Introduction and Definitions

The parties referred to in this Agreement are as follows:

Us, the Publisher - Transfinity Productions, is the publisher of this website: gallery.kendrasinclaire.com. When first-person pronouns are used in this regard, (Us, We, Our, Ours, etc.) they are referring to the Publisher of gallery.kendrasinclaire.com. Additionally, the terms "the Site" and "our Site", refer to gallery.kendrasinclaire.com.

You, the User – As the User of this Site, this Terms of Service Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. The User of the Site shall be referred to in applicable second-person pronouns.

General Explanation of this Agreement

This Agreement is a legal contract between You and the Publisher.

By accessing the Site in any manner, You are agreeing to be bound by all of the terms contained within this Terms of Service Agreement. All terms of this contract will apply to you. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher.

Summary of Terms of Service

Electronic Signatures / Acceptance Required

Nobody is authorized to access this Site unless they have signed this Agreement. This signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest Your agreement to this Terms of Service Agreement by taking any act demonstrating Your assent thereto. In order to acquire Site access, You should have already been required to click a button containing the words "Enter Website" or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You have not yet done so, You must immediately return to gallery.kendrasinclaire.com to electronically sign this Agreement.

If You fail to sign this Agreement, You understand that You are an unauthorized User of the Site, despite any payments made by You or subscriptions sold to You. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You accept this Terms of Service Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisher’s services.

If You fail to electronically sign this Agreement, You are required to and agree to pay the Publisher $250.00 each time You access the Site as liquidated damages for unauthorized access and use of the Site, and You agree to pay all of Our costs and expenses, including attorneys’ fees and costs, incurred in the collecting and/or litigation taken while collecting this unauthorized access fee from You.

Access Fees and User Membership Levels

Access and Limited License. All Users may access certain public areas of the Site. This Terms of Service Agreement covers all public and non-public areas of the Site.

Subject to all of the Terms of Service Agreement and recognizing that and Our Services, the Publisher grants You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Publisher provides the Materials on this Site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said Site. Users of this Site are granted a single copy license to view Materials (on a single computer only). All Materials on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited. Publisher reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You will not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or materials You have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.

Guest Users

Guest Users are considered Users who are not logged in to a valid Membership account at the Site. Guest Users are permitted to view publicly available content which resides on the Sites home page and tour area. Any access, viewing, copying, or distributing of any content not included in the tour area of the Site, by a Guest user is considered unauthorized access.

Active Members

Active Members have an active account which has been billed for the current time of access. This type of membership may have been billed once or on a recurring basis with one of our payment processors. Any Member has accepted this Terms of Service Agreement by voluntarily performing the act of user registration and accepting this Terms of Service.

Services and Pricing

All Products and Services included at gallery.kendrasinclaire.com may be access by Members. Products provided for Members on the Site include a collection of Photo Sets and a single Video. Each month a new video is placed on the site and a minimum of four photo galleries are added to the collection. These Product offerings are subject to change. The price of Membership varies depending on the billing Agreement entered in to between the Member and the Payment Processor. Photo Sets and Video Clips are delivered via streaming media and direct download. Photos may be provided in, but not limited to, JPG, GIF, and PNG formats. Video Clips may be provided in, but not limited to, MP4, .WMV, .M4V formats.

Demonstration Pages

For the purpose of better defining this Terms of Service agreement, "Demonstration Pages" are defined as the following URLs only:
http://gallery.kendrasinclaire.com
http://gallery.kendrasinclaire.com/tour

Unauthorized Access

Any access of any content contained within the Site without accepting this Terms of Service is considered Unauthorized. Any access of non-public material, which is not contained on the aforementioned Demonstration Pages, by any User who has not been granted a license to the material for which They are viewing, is considered Unauthorized. If a User's access to material is deemed Unauthorized, the User agrees to pay the Publisher $300 for each day in which content was downloaded. The User agrees to pay $20 for each video clip downloaded. The User agrees to pay $5 for each image downloaded. If the User's actual usage cannot be determined, the User will be billed an estimated amount. These fees do not apply for Member's accessing material in an authorized fashion.

Access Method and Timeframe

After approval of payment for any purchases, a User will be provided with a login username and password. Members may login to the Members Area of the website where Members may access content via direct download or streaming service.

Mobile Devices

Although our Site should work fine on most mobile devices, we do not guarantee that our Site will function properly when accessed from a mobile device.

Policy Revision and Updates

This Terms of Service Agreement may be revised or updated at any time without notice. Please see the "Last Updated" date listed under this article's title for the last time this Privacy Policy was updated.