TERMS of Use and Products and Services Purchase

IMPORTANT INFORMATION – EFFECTIVE MAY 8, 2018

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING A PURCHASE!

TERMS OF USING THIS SITE

These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

Steven W Smeltzer Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here, which is incorporated herein by reference. Steven W Smeltzer Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Steven W Smeltzer Photography will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Steven W Smeltzer Photography is the sole manager of such information collected on the Sites. Steven W Smeltzer Photography will use such information to respond to you as necessary. You grant Steven W Smeltzer 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. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

OWNERSHIP OF THIS SITE AND ITS CONTENT

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of the Site or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

YOUR OBLIGATIONS

In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary.

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date set forth above. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.

DEFINITIONS

The term “Content” refers to all the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.

The terms “Steven W Smeltzer Photography,” “we,” “us,” and “our” refer to Steven W Smeltzer Photography.

The term “including” means “including, but not limited to.”

The term “Site” refers to any website owned by Steven W Smeltzer Photography on which these Terms of Use are posted.


TERMS OF PRODUCT PURCHASE AND USE

The following is a legal agreement between you (“user”) and the Steven W Smeltzer Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at stevenwsmeltzer.com, blog.stevenwsmeltzer.com or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Steven W Smeltzer Photography, doing business as Steven W Smeltzer Photography (“Steven W Smeltzer Photography”). “Products” referred to by these Terms include but are not limited to: digital files, prints, albums, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Steven W Smeltzer Photography. All such Products are the intellectual property of and are owned by Steven W Smeltzer 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 Steven W Smeltzer Photography’s Products immediately. Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PURCHASE AND USE LICENSE

By placing an order at stevenwsmeltzer.com, you accept the Terms of Product Purchase and Use set forth below. By placing an order at stevenwsmeltzer.com, you agree to the total USD amount of the sale, and authorize Steven W Smeltzer Photography to collect payment via the payment method you specified. Steven W Smeltzer Photography reserves the right to make changes to this site and these terms and conditions at any time. Please check back often for updates. Please read through our terms thoroughly.

These Terms of Product Purchase and Use are applicable to your purchase of any Prints, Canvases, Albums, and/or other Products through stevenwsmeltzer.com or blog.stevenwsmeltzer.com and/or related sub-domains. Other than as specifically provided in any separate written agreement between you and Steven W Smeltzer Photography, these Terms of Product Purchase and Use may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Product Purchase and Use. In the event of any conflict between these Terms of Product Purchase and Use and the other provisions provided on your original contract, these Terms of Product Purchase and Use will control.

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Steven W Smeltzer Photography on stevenwsmeltzer.com, blog.stevenwsmeltzer and or any sub domains are non-refundable. Steven W Smeltzer Photography facilitates your purchase of Prints, Canvases, Albums, and/or other Products through its relationship with Steven W Smeltzer Photography’s vendors. If you purchase Prints, Canvases, Albums, and/or other Products through stevenwsmeltzer.com, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by Steven W Smeltzer Photography or such vendors, and Steven W Smeltzer Photography’s role is to assist, facilitate, and support such order process pursuant to these Terms of Sale.

Permission is granted to temporarily download one copy of the materials (information or software) on Steven W Smeltzer Photography’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Steven W Smeltzer Photography’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Steven W Smeltzer Photography at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

COPYRIGHTS AND TRADEMARKS

All materials appearing on stevenwsmeltzer.com, blog.stevenwsmeltzer.com and any reltaed sub domain are the property of Steven W Smeltzer Photography. Materials protected by this copyright include, any and all images and any and all text (including logos and other graphics); and any and all design elements of the website. You may use the content on stevenwsmeltzer.com, blog.stevenwsmeltzer.com and any related sub domain for shopping, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on stevenwsmeltzer.com and blog.stevenwsmeltzer.com may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Steven W Smeltzer Photography. The “Steven W Smeltzer Photography” logo is a trademark of Steven W Smeltzer Photography, as are all custom graphics, icons, and logos found on stevenwsmeltzer.com.

DISCLAIMER

The materials on Steven W Smeltzer Photography’s web site are provided “as is”. Steven W Smeltzer Photography makes no warranties, expressed or implied, and hereby disclaims and negates 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. Further, Steven W Smeltzer Photography does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

LIMITATION OF LIABILITY

In no event shall Steven W Smeltzer Photography, its officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption) related to products sold, arising out of the use or inability to use the materials on Steven W Smeltzer Photography’s Internet site, even if Steven W Smeltzer Photography or a Steven W Smeltzer Photography authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You agree that the sole and exclusive maximum liability to Steven W Smeltzer Photography arising from any product sold on this website shall be the price of the product ordered. You agree that Steven W Smeltzer Photography, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of stevenwsmeltzer.com.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and consequential damages.

REVISIONS AND ERRATA

The materials appearing on Steven W Smeltzer Photography’s web site and blog.stevenwsmeltzer.com could include technical, typographical, or photographic errors. Steven W Smeltzer Photography does not warrant that any of the materials on its web site or blog.stevenwsmeltzer.com are accurate, complete, or current. Steven W Smeltzer Photography may make changes to the materials contained on its web site or blog.stevenwsmeltzer.com at any time without notice. Steven W Smeltzer Photography does not, however, make any commitment to update the materials.

In the event that a product is listed at an incorrect price due to typographical, informational, technical, or other error, Steven W Smeltzer Photography shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.

ORDER ACCEPTANCE POLICY

Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. Steven W Smeltzer Photography reserves the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.

PAYMENT TERMS AND TAXES

In order to purchase Products through stevenwsmeltzer.com or blog.stevenwsmeltzer.com, you are required to provide valid Payment Information as required by the online store. Steven W Smeltzer 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 Steven W Smeltzer Photography’s request.

You agree to reimburse Steven W Smeltzer Photography for any and all costs incurred in collecting amounts owed by you to Steven W Smeltzer Photography or Steven W Smeltzer Photography’s 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 Steven W Smeltzer Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Steven W Smeltzer Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, the photography studio may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

DIGITAL DOWNLOADS, SHIPPING TERMS, AND POLICIES

If you purchase a Digital Download, such download will be made available to you through the Services upon Steven W Smeltzer Photography’s receipt of your valid Payment Information. You must act in accordance with the Digital Image Use License that Steven W Smeltzer Photography provides.

If you purchase Prints, Canvases, Albums, or other physical medium Products, Steven W Smeltzer Photography will use its commercially reasonable efforts (and Steven W Smeltzer Photography’s 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. Steven W Smeltzer Photography is not responsible for any delays in shipping.

Steven W Smeltzer Photography or Steven W Smeltzer Photography’s Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility, unless otherwise noted. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Steven W Smeltzer Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

RETURN POLICY

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Steven W Smeltzer Photography on stevenwsmletzer.com and blog.stevenwsmletzer.com are non-refundable. On that note, Steven W Smeltzer Photography 100% guarantees your satisfaction with any Products that you purchase through stevenwsmeltzer.com. or blog.stevenwsmeltzer.com  Replacement items for damage in shipping or misidentified images will be honored within a fourteen (14) day return for replacement period unless otherwise noted.

All returns for replacement must follow the following conditions: All products must be returned complete; Steven W Smeltzer Photography will not accept items that have been intentionally physically damaged or abused; All returns must be shipped freight prepaid; All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all cases; Please allow 2-3 weeks for all replacement orders; Claim for missing products must be reported within ten (10) days from the date item is shipped. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product.

Unless otherwise noted, we do not provide refunds for your return shipping cost unless your order is physically defective in some manner. To request a replacement for any Product, please contact Steven W Smeltzer Photography at steven@stevenwsmeltzer.com. Please do not contact your credit card company to dispute a charge before contacting Steven W Smeltzer Photography.

Unauthorized Returns

Shipments that are refused without authorization, or that are returned to us because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.

PRODUCT AVAILABILITY AND PRICING

Steven W Smeltzer Photography or Steven W Smeltzer Photography’s Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

ERRORS IN PRODUCT DESCRIPTION OR DISPLAY

Steven W Smeltzer Photography strives to maintain accurate information on stevenwsmeltzer.com.com and blog.stevenwsmeltzer.com and to eliminate any errors. However, we do not warrant that Product descriptions, Prints, Canvases, Albums, and/or other Product pricing or other photography studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make 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 Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.

Steven W Smeltzer Photography or Steven W Smeltzer Photography’s Vendors reserve the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Steven W Smeltzer Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within fourteen (14) days of receipt.

In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, Steven W Smeltzer 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.

LINKS

Steven W Smeltzer Photography has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Steven W Smeltzer Photography of the site. Use of any such linked web site is at the user’s own risk.

THESE TERMS OF PRODUCT PURCHASE AND USE MAY CHANGE

These Terms of Product Purchase and Use are current as of the effective date set forth above. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

PRIVACY AND SECURITY POLICIES

Steven W Smeltzer Photography does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. By using our online store, you are agreeing to the terms written in our Privacy Policy.

Steven W Smeltzer Photography is not responsible for the actions of third-party Vendors.

PRIVACY POLICY

All vouchers purchased to use with Steven W Smeltzer Photography are non-refundable. They have set expiration dates that if gone over will cause voucher to be ineligible to use.

ARTISTIC LICENSE

All images are property of Steven W Smeltzer Photography and are copyrighted by law. None of them cannot be copied, used, or published for commercial purposes without Steven W Smeltzer Photography’s clear permission to do so. Steven W Smeltzer Photography reserves the right to use all of Client’s images on website, blogs, or any other related marketing material.

GOVERNING LAW; VENUE

All Terms shall be construed in accordance with, and governed in all respects by, the laws of the State 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 the Rancho Mission Viejo, California. Steven W Smeltzer 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 Steven W Smeltzer Photography’s Products, Materials and services.

FINAL DISCLAIMER OF WARRANTIES

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN FOURTEEN (14) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND STEVEN W SMELTZER PHOTOGRAPHY’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND STEVEN W SMELTZER PHOTOGRAPHY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Contacting Us

If there are any questions regarding our Terms of Use and Terms of Product Purchase, you may contact us using the information below:

swsmeltzer@stevenwsmeltzer.com
www.stevenwsmeltzer.com
20 Galante
Rancho Mission Viejo, CA, United States

 
 

Content Protection by DMCA.com