Terms and Conditions
Effective Date: October 14, 20261. Introduction
Welcome to Media by Ava Kellner. These Terms and Conditions govern your use of avakellner.com and any services provided by Media by Ava Kellner.
By accessing this website, you agree to these Terms and Conditions. If you do not agree, please discontinue use of the website.
2. About Our Business
Media by Ava Kellner provides creative media services, which may include photography, visual storytelling, content creation, writing, graphic design, and other related creative services.
Specific services, pricing, deliverables, timelines, and project requirements may vary depending on the agreement between Media by Ava Kellner and the client.
3. Use of This Website
You agree to use this website for lawful purposes only. You may not:
Use this website in a way that violates applicable laws or regulations.
Attempt to gain unauthorized access to the website or its systems.
Copy, reproduce, distribute, or exploit website content without permission.
Use this website to transmit harmful, fraudulent, or misleading material.
We reserve the right to restrict access to the website if we reasonably believe these Terms and Conditions have been violated.
4. Intellectual Property and Copyright
All original content on this website, including photographs, written content, graphics, designs, logos, and other creative materials, belongs to Media by Ava Kellner or its respective credited rights holders unless otherwise stated.
You may not reproduce, modify, distribute, publish, sell, or commercially use any content from this website without prior written permission from the applicable rights holder.
Viewing or accessing content on this website does not transfer ownership or grant you a license to use that content.
5. Photography and Creative Services
All photography and creative services are subject to the specific terms agreed upon between Media by Ava Kellner and the client.
Project details, including pricing, payment schedules, deliverables, turnaround times, cancellations, rescheduling, and usage rights, may be outlined in a separate contract, proposal, invoice, or written agreement.
Clients are responsible for providing accurate project information and communicating their needs clearly.
Nothing in these website Terms and Conditions replaces a separate signed client agreement. If a signed agreement conflicts with these general terms regarding a specific project, the signed agreement will govern that project to the extent permitted by law.
6. Payments and Refunds
Payment requirements, deposits, fees, refund eligibility, and cancellation policies will be communicated to clients before a booking or project is confirmed.
Any applicable payment or refund terms will be established in the relevant invoice, proposal, or client agreement.
No payment is required simply to browse this website unless a separate paid service or transaction is expressly offered.
7. Portfolio and Creative Work
Media by Ava Kellner may display selected work on its website, portfolio, and social media platforms for promotional purposes.
Client work will only be used for portfolio or promotional purposes in accordance with the applicable client agreement, permissions, and legal requirements.
If you believe content displayed on this website infringes your rights, please contact us with details of the material and your concern.
8. Third-Party Links and Services
This website may include links to third-party websites, social media platforms, or services. These links are provided for convenience and informational purposes.
Media by Ava Kellner does not control or guarantee the accuracy, availability, or privacy practices of third-party websites. Your use of those websites is subject to their own terms and policies.
9. Disclaimer
This website and its content are provided for general informational and promotional purposes. Although we make reasonable efforts to keep information accurate and current, we do not guarantee that all website content will always be complete, accurate, or available.
Examples of past creative work, project results, or client experiences do not guarantee identical results for future projects.
To the extent permitted by law, Media by Ava Kellner disclaims warranties that may lawfully be disclaimed under applicable law.
10. Limitation of Liability
To the extent permitted by applicable law, Media by Ava Kellner will not be liable for indirect, incidental, special, or consequential damages arising from the use of this website or the inability to access it.
Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by law.
11. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your unlawful use of this website or your violation of these Terms and Conditions, including violations of another person's rights.
This provision does not require you to assume responsibility for losses caused by our own unlawful conduct.
12. Privacy
Your use of this website is also subject to our Privacy Policy, which explains how we collect and handle personal information.
You can review the Privacy Policy on our website.
13. Changes to These Terms
We may update these Terms and Conditions from time to time to reflect changes in our business, website, services, or applicable legal requirements.
Updated terms will be posted on this page with a revised effective date. Your continued use of the website after changes are posted constitutes acceptance of the updated terms to the extent permitted by law.
14. Governing Law
These Terms and Conditions will be governed by the applicable laws of the State of Hawaii, to the extent permitted by law, without regard to conflict-of-law principles.
Any disputes will be handled by courts with appropriate jurisdiction, subject to applicable consumer protection laws and other legal requirements.
15. Contact Information
If you have questions about these Terms and Conditions, please contact:
Media by Ava Kellner
Website: https://avakellner.com
Email: avakellnermedia@gmail.com