last updated October 25th, 2022


1.1 These Terms of use (Terms) govern your use of the website located at (Website). You accept the Terms as they apply from time to time whenever you access the Website, and accessing the Website forms a contract between Brklyn View Photography, LLC (d/b/a Jainé Kershner Photography/Tea with Jainé) (we, us, our) and persons who access the Website (you).

1.2 We may change these Terms from time to time. Any changes will come into effect when the updated terms and conditions are posted to the Website. These terms are important and you should ensure that you read them carefully before using the remainder of the website. You can contact us via email at [email protected]

1.3 Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.


2.1 We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this agreement.

2.2 You may access the Website using a publicly available web browser commonly used to view websites, and you may print a copy of any page within the site for your personal non-commercial use.

2.3 You acknowledge and agree that we may alter or cease the operation of the Website at any time in our sole discretion, and the Website may be unavailable from time to time, including for maintenance purposes.

2.4 We may terminate your license to use the Website without notice if you breach these Terms.


3.1 You must not:

(a) alter the Website in any way except as permitted by these Terms

(b) upload any data to the Website other than to submit text in a text form provided for that purpose

3.2 You must not add any content to the Website:

(a) Unless you hold all necessary rights and consents to do so

(b) That might cause a breach of any law or other obligation

(c) That might be defamatory, offensive, pornographic, in breach of confidence or a similar obligation, threatening, abusive, liable to incite hatred or a breach of privacy

(d) That might be considered as spam or commercial advertising

(e) That infringes any rights belonging to another person.

3.3 By posting or adding any content to the Website or posting or making comments, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable right and license to use that content in any way without limitation, and you permit us to authorize any other person to do the same thing. You consent to anything which we may do or not do in relation to your content that would otherwise be in breach of your moral rights. This includes that we may use your content without attributing you as the source of your content.

3.4 If you email us, unless you specify otherwise, you grant us the same rights in relation to the email as set out in clause 3.3.

3.5 You warrant to us that you have the right to grant any rights, licenses, consents or waivers required under these Terms.


4.1 Unless otherwise indicated, all materials on the Website, including text, graphics, design, names, logos, and underlying software are protected by copyright owned or licensed by us, and you acknowledge and agree that this is the case.  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.

4.2 Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these Terms unless authorized in writing.

4.3 We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:

(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);

(b) it is for your personal, non-commercial use;

(c) it is used for a lawful purpose; and

(d) the material is appropriately attributed to us or the source.


5.1 Trademarks used on the Website belong to their respective owners. You must not use any trademark displayed on the Website without the express written permission of us or the third-party owner.


6.1 Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.


7.1 We take care in creating the information and material on the Website but make no warranties or representations regarding the accuracy, completeness, quality, or fitness for purpose of any material or content.

7.2 We do not guarantee that any data, file, or program available for download from or via the Website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs, and files on the Website. Prior to using any downloaded file, you should carry out an appropriate virus check.

7.3 We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials, or content including the transmission of any virus.

The materials on the website are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

7.4 Due to the nature of wedding submissions, our services do not guarantee acceptance to any publication either online or in print. Our best practices are used when offering advice to submit for publication consideration and given as a suggestion. All submissions are accepted or declined at the right of the publication Editors. We are not held liable for any submission that is rejected or denied.

We reserve the right to discontinue or modify without notice or liability, any portion of this website site at any time.


9.1 Due to the digital nature of the product(s) such as memberships, all sales are final and non-refundable. No refunds will be issued. If you have any questions, please contact us at [email protected] prior to making your purchase.

9.2 Submission Support is a month-to-month email membership. Memberships are billed once a month until cancellation. You may cancel your membership at any time. No refunds will be issued. If you have any questions, please contact us at [email protected] prior to purchasing your membership.

9.3 If a product is purchased, it is the user’s responsibility to back up and retain all purchased digital products. It is recommended you immediately download and back up any purchases.

10. Financial Obligation

10.1 Client is responsible for the completion of all payment plans associated with the products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency.

10.2 If you opted for a payment plan (ie. Monthly Membership), you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency. If you have any questions about our Refund and Return Policy, please send an email to [email protected] and we will be happy to assist you.


11.1 Subject to your payment of the applicable product price, and your compliance with the terms and conditions herein, we grant to you a single, revocable, worldwide, non-exclusive and non-transferable license to your purchase. Your individual use is solely permitted in regard to your business clients, which does not include reproduction, copying, sharing, and the like.

11.2 If this license is violated by selling, sharing, or distributing this information in any manner, we reserve the right to invoice you for the licenses gifted, as well as pursue damages, interest, and attorney fees. We will revoke your access to all of our products and services permanently. 

11.3 You must not in any circumstances:

(a) publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the emails or any part of our products;

(b) use the product or any part of the product in any way that is unlawful or in breach of any person's legal rights under any applicable law[, or in any way that is offensive, indecent, discriminatory or otherwise objectionable];

(d) use the product or any part of the product to compete with us, whether directly or indirectly;

(e) use the product or any part of the product for a commercial purpose, such as teaching workshops, sharing in mentorships, and the like.

The rights granted to you by this disclaimer are personal to you, and you must not permit any third party to exercise these rights.

11.4 If you breach this disclaimer, then the license set out above will be automatically terminated upon such breach (whether or not we notify you of termination).

11.5 Upon the termination of the license, you will promptly and irrevocably delete from your computer systems and other electronic devices any copies of the product in your possession or control, and will permanently destroy any paper or other copies of the product in your possession or control. You acknowledge that this product is protected by digital rights management technology and that we may use this technology to enforce the terms of this disclaimer.

11.6 If you have bought or received a copy of any of our products from any source other than through our website, then that copy is a pirated copy. If this has happened to you, please let us know by email at [email protected]


12.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


14.1 These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


15.1 In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at [email protected]