These Terms will set forth the terms and conditions under which you may use our website and the products and services we offer. 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. It offers visitors the possibility to purchase photographic prints and hire Debra Gail to provide photography education or execute photography assignments.
WHO CAN USE THIS WEBSITE
Debra Gail Fine Art Photography is open to everyone.
These Terms apply to all visitors, users, and others who wish to access or use our website. By accessing or using our website, you agree to accept these Terms of use and agree to be bound by these Terms. Please refrain from using our website if you disagree with any part of these Terms. Access to our website is permitted temporarily, and we reserve the right to withdraw or amend the services that we provide on our website without notice.
Occasionally, we may restrict access to some parts of our website to registered users. When using our website, you are responsible for maintaining the confidentiality of your account. You agree to accept responsibility for any activities or actions 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 will comply with them.
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.
PURCHASING PHOTOGRAPHIC PRINTS
You can use this website to purchase photographic prints. When buying a print from Debra-Gail.com, you agree that: (i) you are responsible for reading the complete printing information and the item description before committing to buy it: (ii) you will be entering into a legally binding contract to purchase a photographic 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 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.
WARRANTIES
For all of our fine art prints, we only use high-quality museum-grade papers and materials. 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.
RETURN AND REFUND
Our photographic 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 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.
COPYRIGHT
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 Fine Art Photography are protected by national and international law copyright law.
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.
PAYMENT SERVICES
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.
INDEMNIFICATION
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.
PRIVACY
Your trust is of the utmost importance to us. Therefore, we are committed to protecting any personal data collected and processed when you interact with us online or via email. Please refer to our Privacy Policy to learn more about how we treat your personal data.
APPLICABLE GEOGRAPHY
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.
SALVATORY CLAUSE
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.