These Terms will set forth the terms and conditions under which you may use our website, as well as the products and services as offered by us. By accessing or using the website, products, and services, you approve that you have read, understood, and agree to be bound by these stated Terms.
DESCRIPTION OF SERVICE
Debra-Gail.com, hereafter referred to as the “website,” showcases the work of wildlife and landscape photographer Debra Gail, and it offers visitors the possibility to purchase photographic prints, limited edition prints, as well as to hire Debra Gail to provide photography education or execute photography assignments.
WHO CAN USE THIS WEBSITE
Debra Gail Photography is open to everyone.
Occasionally, we may restrict access to some parts of our website to users who have registered with us. When using our website, you are responsible for maintaining the confidentiality of your account. You agree to accept responsibility for any activities or actions that occur under your account. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these terms and that they will comply with them as well.
You cannot use this website and receive products and services if doing so is prohibited in your country or under any law or regulation applicable to you.
You can use this website to purchase stock photography usage licenses for the commercial or personal use of the presented photographs.
A commercial use license is needed if you or your organization intends to use the photograph for business or work purposes. This includes but is not limited to editorial use, advertising, websites, photographic or lithographic prints in a commercial space, printed materials including brochures, posters, t-shirts, flyers, or any item that incorporates the image to create a sale or is for sale.
We use a rights-managed licensing model to determine the licensing fee for commercial use licenses. This means that you, or your organization, will be buying a license for a specific purpose, for a particular region, for a set period, to be used within your organization only.
The licensing fee will vary based on these parameters, and we will provide you with a personalized quote.
A personal use license is appropriate when you intend to use the photograph in a strictly personal circumstance. Personal use includes, but is not limited to, a print to hang in your home, as a screensaver, in wedding announcements, and an online personal profiles, etc. This license, however, prohibits you from using the photograph for anything but strictly personal use, and in some cases limited educational use. The fee for a personal use license will depend on the image size that you select, and the price will be clearly displayed before you complete your purchase of the license.
Upon purchasing a stock photography license from us, you declare that you accept Debra-Gail.com’s Terms in full. In addition, you agree that (i) you are responsible for reading the entire license agreement before making a commitment to purchasing a usage license: (ii) you are entering into a legally binding contract to purchase a license – when you commit to buying a license, and you complete the check-out payment process.
Once payment has been received, you will be able to download the purchased photograph.
If you purchased a personal license, you will be able to download a .jpg version of the photograph in the Adobe RGB color space. The size of the download will be in line with the licensing that you purchased.
If you purchased a commercial license, you will be able to download a full-sized Jpg file version of the photograph in the Adobe RGB 1998 color space.
For security reasons, the photograph will only be available for download in your account section for five days from the date of purchase. After that period, we will provide you with a new download link upon request
PURCHASING PHOTOGRAPHIC PRINTS AND LIMITED EDITION PRINTS
You can use this website to purchase photographic prints and limited edition prints. When buying a print from Debra-Gail.com, you agree that: (i) you are responsible for reading the complete printing information and item description before making a commitment to buy it: (ii) you will be entering into a legally binding contract to purchase a photographic print or limited edition print – when you have committed to buying the print and you have completed the check-out payment process.
The prices we charge for our photographic prints and limited edition prints are listed on the website. We reserve the right to change our prices for any images, at anytime, and to correct pricing errors that may have inadvertently occurred.
Print orders can be cancelled or changed, as long as the actual printing process has not yet been initiated.
Please contact us as soon as possible if you wish to cancel or change a print order.
Additional information about pricing and sales tax is available on the purchasing a print FAQ page.
We offer photographic workshops, as well as photography adventure tours, and the option to hire us for photographic assignments. We will provide you with a personalized quote for the fees regarding these services, and any other charges that you may incur in connection with your use of these services; once the scope, location, and timing of the services, have been discussed and clarified.
For all of our fine art prints, we only use high-quality museum grade papers. These papers comply with the ISO 9706 standard for maximum longevity. They are expected to last at least a century. Therefore we offer a lifetime warranty against fading and will replace the print at no charge for as long as you own it.
For stock photography licenses, we do not offer a warranty. Digital versions of licensed stock photographs are provided, as they are. If you would like to make sure that the image quality is in line with your expectations prior to purchasing, we will gladly send you a sample of the photograph.
RETURN AND REFUND
Our photographic prints and limited edition prints are carefully packed. Should your print be damaged in transit, please contact us directly after your print arrives. We would need you to attach a photograph of the damaged print and packaging in your correspondence to us. Once we have confirmed the damage, return the print to us, and we will send you a new photographic print free of charge.
To keep your photographic prints and limited edition prints looking perfect, they should be handled with great care and framed as soon as possible. We recommend the use of cotton gloves when touching your photos and do not rub the surface of the print! The delicate texture of photographic printing papers is less resistant to scratches than that of other kinds of paper.
Note: We cannot be held responsible for damage that occurs during the framing or mounting of your print! We strongly encourage you to frame your photos with a professional.
When a print is damaged in transit, we will pay for the shipment of a new replacement photographic print to you. You will be responsible for the return shipment of the damaged print back to us. If we are unable to replace the print within a reasonable time, you will be entitled to a full refund.
We gladly accept returns and cancellations if you contact us within 7 days of delivery. Ship items back within 30 days of the order date. And cancellations are accepted within one hour of purchase. The following items cannot be returned or exchanged: Custom or personalized orders. Buyers are responsible for return shipping costs. If the item is not returned in the original condition, the buyer is responsible for any loss in value, and a refund will not be provided.
As mentioned in Section 6 “Warranties”, we do not offer refunds for stock photography licensing purchases. We do offer the possibility to upgrade your license to a more extended license upon request.
In all cases, the copyright of the photographs licensed and printed remains with Debra-Gail.com and Photographer Debra Gail. All photos offered for sale, or licensing, by Debra Gail Photography are protected by national and international law copyright law. Any stock photography licensing of photographs, by Debra Gail Photography, strictly follows the outlined licensing agreement herein.
The printed and digital versions of photographs, services provided, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Debra-Gail.com and Photographer Debra Gail.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
RIGHT TO SUSPEND OR CANCEL YOUR USER ACCOUNT
We may permanently, or temporarily, terminate or suspend your access to your “my account” section without notice and liability for any reason, including if in our sole determination, you have violated any provision of these Terms or any applicable law or regulations. You may discontinue the use of our website and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Data security is critical to us. Therefore, we have opted to use PayPal and Stripe as our gateway for credit card payments. PayPal and Stripe are global online payment processors that are trusted by thousands of businesses across the globe and they use the most stringent security standards. All payment transactions are encrypted and processed over a secure SSL connection. Sensitive card information will not be stored on our own server.
You agree to indemnify and hold Debra-Gail.com, as well as Photographer Debra Gail, from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against them by any third party due to or arising out of, or in connection with your use of the website or any of the products and services offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Debra-Gail.com or Photographer Debra Gail, be held liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this website and our products and services.
To the maximum extent permitted by applicable law, Debra-Gail.com and Photographer Debra Gail assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein.
RIGHT TO CHANGE AND MODIFY PRODUCTS AND SERVICES
We may, without prior notice, change the products and/or services that we offer, stop providing the products and services or any features of the products and services we offer or create limits for the products and services that we offer. We may permanently, or temporarily terminate, or suspend access to the services without notice and liability for any reason or no reason.
RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we materially change the Terms, we will notify you that material changes have been made to the Terms. Your continued use of the website, or our services, after any such change notification constitutes your acceptance of the new Terms. If you do not agree to any of these terms, or any future version of the Terms, do not use or access (or continue to access) the website or our services.
The Terms apply to all customers and users of this website, regardless of their country of residence.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any claims and disputes related hereto and/or to the products and services shall be governed by, construed under, and enforced in all respects solely and exclusively by the internal substantive laws of the United States, without regard to its conflict of laws principles. Any such claims and disputes shall be brought in. You hereby consent to them being decided exclusively by a court of competent jurisdiction located in the United States. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
In the event that any part of these Terms should be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.