TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")

These Terms of Sale are applicable to your purchase of any Digital Images, Prints, Canvases, Albums and/or other Products through Sunburst Photography, LLC’s online gallery store. Other than as specifically provided in any separate written agreement between you and Sunburst Photography, these Terms of Sale 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 Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control.

The photography studio facilitates your purchase of Digital Images, Prints, Canvases, Albums and/or other Products through its relationship with Sunburst Photography's vendors.  If you purchase Digital Images, Prints, Canvases, Albums and/or other Products through Sunburst Photographys online store, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and Sunburst Photography's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

 

1. Pricing; Payment Terms

In order to purchase Products through Sunburst Photography's online store, you are required to provide valid Payment Information as required by the online store.  The photography studio 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 Sunburst Photography's request.  You agree to reimburse Sunburst Photography for any and all costs incurred in collecting amounts owed by you to Sunburst Photography or a photography studio vendor, including, without limitation, attorneys' fees and costs of collection agencies.  

You are responsible for any taxes that you are obligated to pay or that Sunburst 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 Sunburst Photography reserves the right to collect the taxes or other related fees from you at any time.  In certain jurisdictions, Sunburst Photography 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.

2. Photo Downloads; Shipping Terms and Policies

If you purchase Photo Download or it was included in your contract, such download will be made available to you through the online gallery store  upon Sunburst Photography's receipt of your valid Payment Information.

If you purchase Photo prints, Canvases, Albums or other physical medium Products, Sunburst Photography will use its commercially reasonable efforts (and Sunburst 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.  Sunburst Photography is not responsible for any delays in shipping.  Sunburst Photography or Sunburst 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.  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, Sunburst Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

3. Return Policy

Due to the customized nature of the products, refunds/exchanges will be considered on a case by case basis. Only in extreme cases of poor quality images produced at the fault of Sunburst Photography's vendors will an exchange be considered. Sunburst Photography guarantees your satisfaction with any Products that you purchase through Sunburst Photography's online store with the exception of user errors such as, but not limited to, cropping incorrectly or ordering an incorrect image. If you are unsatisfied with the print quality of any Photos, Prints, Canvases, Albums and/or other Products you have purchased through Sunburst Photography, we will gladly accept the return of any Product you have ordered for any reason (other than user errors) within seven (7) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost. Purchase of a Product that is not in a physical medium form (i.e., a Photo download), are not eligible for a refund under any circumstances due to the digital nature of the Media. To request a refund or replacement for any other Product, please contact Sunburst Photography at hello@sunburstphotography.com within seven (7) days of your receipt of the Product. Please do not contact your credit card company to dispute a charge before contacting Sunburst Photography.

4. Product Availability and Pricing

Sunburst Photography or Sunburst Photography's 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.

5. Product Descriptions; Pricing; Errors

Sunburst Photography strives to maintain accurate information in the online store and to eliminate any errors.  However, we do not warrant that Product descriptions, Photos, 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.  Sunburst Photography or Sunburst Photography's Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order.  If a Product offered by Sunburst Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within seven (7) days of receipt.  In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Sunburst 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.

6. Disclaimer of Warranties

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN SEVEN (7) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND THE SUNBURST PHOTOGRAPHY'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE SUNBURST 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.

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DIGITAL IMAGE LICENSING

Photo Downloads may be included as part of the initial service contract or purchased from the photography studio online store.

Sunburst Photography grants buyer a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) subject to the following restrictions:  

-This license is for personal use only. Personal use means non-commercial use of the Media.

-Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the photography studio.

-There are no warranties, express or implied. The Media are provided 'as is.'

-Neither the photography studio nor the photography studio's vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.

 

What you can do:

-Personal, Non-Commercial use of the Media includes:

-Display on personal websites and computers.

-Making image prints for personal use.

 

What you may not do:

Buyer may not:

-Resell, relicense, sub-license, redistribute without express written permission from the photography studio. 

-Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. 

-Use The Media in advertising. 

-Use The Media in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. 

-Incorporate The Media into trademarks, logos, or service marks. 

-Make available for download.

 

-The Photography studio retains all rights, license, copyright, title and ownership of the Media.