IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
“Products” referred to by these Terms include but are not limited to: Digital Photographs, Online Galleries, Photographic Prints, Albums, Display Items and other Products provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from AlphaPortrait Photography. All such Products are the intellectual property of and are owned by AlphaPortrait Photography.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of AlphaPortrait Photography’s Products immediately.
Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
2. WHAT WE DO
AlphaPortrait Photography is a resource through which you may obtain photographic products and services.
AlphaPortrait Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. AlphaPortrait Photography will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. AlphaPortrait Photography is the sole manager of such information collected on the Site. AlphaPortrait Photography will use such information to respond to you as necessary. You grant AlphaPortrait Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
4. CONTACT INFORMATION
5. PAYMENT TERMS
In order to purchase Products through AlphaPortrait Photography, you are required to provide valid Payment Information as required by the online store. AlphaPortrait Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon AlphaPortrait Photography's request.
You agree to reimburse AlphaPortrait Photography for any and all costs incurred in collecting amounts owed by you to AlphaPortrait Photography or to its vendors, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that AlphaPortrait Photography may collect from you in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
6. INTELLECTUAL PROPERTY LICENSE
AlphaPortrait Photography owns all intellectual property rights in (a) all photographs, text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of AlphaPortrait Photography’s services, and; (d) any other intellectual property rights afforded to AlphaPortrait Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, AlphaPortrait Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon AlphaPortrait Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. AlphaPortrait Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way. Prohibited alterations include, but are not limited to application of filters, black & white conversions, cropping, or other modifications of any kind.
PERMITTED USE OF DIGITAL PRODUCT:
You may download, view, copy and print the Product you purchase solely for your personal use, including but not limited to display on personal websites and computers, and creating photographic prints.
PROHIBITED USE OF DIGITAL PRODUCT:
You may not resell, relicense, sub-license, and/or redistribute the Product without express written permission from AlphaPortrait Photography. Do not use the Product in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. Do not use the Product in advertising. Do not use the Product in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Do not incorporate the Product into trademarks, logos, or service marks. Do not make the Product available for download.
Neither AlphaPortrait Photography nor its vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or the customer's use of the Product.
7. SHIPPING TERMS & POLICIES; DIGITAL PRODUCTS
Standard shipping is included in your purchase. Shipping charges for expedited shipping are your responsibility and will be added to your total on checkout. AlphaPortrait Photography and its Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion.
For orders of Photographic Prints, Canvases, Albums or other Physical Medium Products, AlphaPortrait Photography and its vendors will use commercially reasonable efforts to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. AlphaPortrait Photography is not responsible for any delays in shipping.
Purchases of Digital Products for download, whether included in your contract or ordered separately, such downloads will be made available to you through AlphaPortrait Photography's Site upon receipt of payment.
It is your responsibility to download any Digital Product immediately and securely back up all purchases. AlphaPortrait Photography is not liable for any loss or damage to any Digital Product that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and AlphaPortrait Photography will not reimburse you for such downloads. AlphaPortrait Photography will, at your request, apply a one-time $25 re-download fee if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by AlphaPortrait Photography.
8. PRODUCT AVAILABILITY AND PRICING
AlphaPortrait Photography and its Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
9. PRODUCT DESCRIPTIONS; PRICING; ERRORS
AlphaPortrait Photography strives to maintain accurate information on the Site and to eliminate any errors. However, AlphaPortrait Photography does not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other AlphaPortrait Photography Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While AlphaPortrait Photography makes reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Digital Photograph depends on the settings of your computer screen and AlphaPortrait Photography cannot guarantee that your computer will accurately display all photographic colors.
AlphaPortrait Photography and its Vendors reserve the right to format, manipulate or otherwise modify the Product as may be required to satisfy a particular order. If a Product offered by the photography studio is not as described or pictured, your sole remedy is to return the Product in unused condition for replacement within 30 days of delivery.
In the event of an error, whether contained on any Site associated with AlphaPortrait Photography, in an order confirmation, in processing and order or otherwise, AlphaPortrait Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
10. RETURN & REFUND POLICY
You acknowledge that purchases of all Digital Products and materials are non-refundable and not returnable, under any circumstances. All sales of Digital Products are final.
AlphaPortrait Photography guarantees your satisfaction with any Physical Medium Products that you purchase through the photography studio. If you are unsatisfied with any Prints, Canvases, Albums or other Products purchased through the photography studio, AlphaPortrait Photography grants you the right to return the Product for replacement within 30 days of delivery. Upon completion of the return procedure and receipt of the returned Product, AlphaPortrait Photography will send the replacement.
AlphaPortrait Photography does not provide refunds for your original shipping cost unless your order is physically damaged upon arrival. To request a replacement, please contact the photography studio at firstname.lastname@example.org.
11. LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, AlphaPortrait Photography SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO AlphaPortrait Photography, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
12. GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of California. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Laguna Niguel, California. AlphaPortrait Photography reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of AlphaPortrait Photography’s Products, Materials and services.
Any questions regarding the above Terms may be directed to: