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Terms of Service

TERMS OF SERVICE

Effective Date: February 21, 2026
Business Name: EYE OF KAY® (“Photographer NéKisha Kay Robertson”)
Website: www.EyeOfKay.com and www.EyeOfKay.art

By accessing this website, booking services, submitting payment, or downloading images, you agree to the following Terms of Service.

1. Services

EYE OF KAY® provides professional photography services and digital image delivery. All services are subject to availability, written agreement, and payment confirmation.

The Photographer reserves the right to refuse service at their discretion, consistent with applicable law.

2. Booking & Payment

A signed agreement and/or retainer may be required to secure services.

All payments made for photography services, digital images, prints, albums, and products are subject to the Photographer’s posted Terms of Sale. All sales are final unless otherwise stated in writing.

Failure to complete payment may result in cancellation of services or withholding of deliverables.

3. Copyright & Intellectual Property

All photographs, videos, images, graphics, text, branding, logos, website content, and creative materials are the exclusive intellectual property of EYE OF KAY®.

No content from this website or delivered galleries may be:

  • Copied

  • Reproduced

  • Distributed

  • Modified

  • Published

  • Used for commercial purposes

without express written consent.

Copyright ownership is never transferred unless explicitly agreed in a signed written document.

4. Digital Image Use

Clients who purchase digital images are granted a limited personal-use license only, as outlined in the Digital Image License Agreement.

Images may not be used for commercial purposes, advertising, marketing, resale, publication, or business promotion without a separate written licensing agreement.

Vendors, venues, brands, and publications must obtain licensing directly from the Photographer.

5. Social Media & Online Sharing

Clients may share images for personal use on social media provided that:

  • Proper credit is given to [@EyeOfKay]

  • Watermarks are not removed

  • Images are not altered or filtered without permission

The Photographer reserves the right to request removal of improperly credited or altered content.

6. Chargebacks & Payment Disputes

By submitting payment through this website or via www.EyeOfKay.com and www.EyeOfKay.art (Pixieset), you authorize the charge in full.

You agree not to initiate a chargeback. In the event of a payment dispute or reversal:

  • All usage rights may be revoked

  • You remain responsible for the full balance

  • You may be responsible for associated fees, collection costs, and legal expenses

7. Limitation of Liability

To the fullest extent permitted by law, EYE OF KAY® shall not be liable for:

  • Indirect, incidental, or consequential damages

  • Loss of profits

  • Loss of data

  • Acts beyond reasonable control (including weather, venue restrictions, equipment failure, illness, or force majeure events)

Total liability shall not exceed the amount paid for the services rendered.

8. Website Use

You agree not to:

  • Attempt to hack, disrupt, or interfere with the website

  • Scrape or download images without authorization

  • Use website content for commercial gain

Unauthorized use may result in legal action.

9. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Michigan without regard to conflict of law principles.

Any disputes shall be resolved in the appropriate courts located within Macomb County, Michigan.

10. Modifications

The Photographer reserves the right to update these Terms at any time. Continued use of this website or services constitutes acceptance of any modifications.

11. Contact

For questions regarding these Terms, licensing, or permissions, please contact:

EYE OF KAY®
Vision@EyeOfKay.com
1 (313) 216-4222

© EYE OF KAY®