Terms of Sale
Use of Content on Site
The Site and its treasure trove of Content (defined below) belong to Amanda Claire Photo. From the stunning photographs, dazzling graphics, captivating written content, enchanting illustrations, distinctive marks and logos, delightful sound and video clips, and the impeccable design elements that make up the Site (collectively, the “Content”), everything is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights.
We want you to have an amazing shopping experience on the Site, which is why we grant you permission to use the Content for shopping, placing orders, and other tasks directly associated with shopping on the Site. We want to protect the uniqueness of our Content, so please don’t share, copy, modify, publish, alter, publicly display, remove any watermarks or copyright notices, or exploit the Content in any way without our permission. Unauthorized use can lead to serious legal consequences. By purchasing prints or other physical products from Amanda Claire Photo, you are licensed to use the images for your personal enjoyment. However, unless we provide you with a print release, please refrain from creating digital copies or printing them elsewhere. Let’s keep everything above board and enjoy the beauty together!
We want your order to reach you safely, but please note that once the package has been delivered, Amanda Claire Photo cannot be held responsible for any lost or stolen packages. Here’s how it works: when you place an order, it goes to our trusted printing lab. Once the lab receives your order, they’ll process it with care and ship it directly to you. Don’t worry, we’ll keep you in the loop and send you a confirmation once your order has been dispatched. We want you to be as excited as we are when your beautiful prints are on their way to you.
We’re thrilled that you’ve placed an order with Amanda Claire Photo! However, please note that submitting an order and receiving an order confirmation, whether automated or not, does not mean we’ve accepted your order just yet. We reserve the right to cancel any order at our sole discretion, regardless of the order status or whether you’ve received a confirmation. Sometimes, we might need some additional information from you before we can accept or process your order. We appreciate your understanding as we strive to provide the best possible service.
Typographical & Photographical Errors
We do our best to be accurate in everything we do, including our pricing and the descriptions and photographs of the products we have for sale. However, we’re only human, and sometimes errors can occur. We can’t guarantee that every product description, specification, or pricing on the Site is absolutely accurate, complete, or up to date. If we happen to list a product at an incorrect price due to a typographical, informational, technical, or any other error, we have the right to decide, at our sole discretion, whether to honor the displayed price or cancel any orders placed for that product at the incorrect price. We want to be fair to everyone, so we appreciate your understanding if any such situation arises.
When it comes to the sale of our products on the Site, we want to make sure you’re completely satisfied. That’s why we encourage you to carefully consider your purchase because all sales are final and non-refundable. We don’t offer returns or exchanges, so please choose your items wisely. If you have any questions about a product before making a purchase, feel free to reach out to us. We’re here to help!
We kindly ask that you let us know if you need to return a shipment before sending it back. Unauthorized returns, such as shipments refused without authorization or returned due to an invalid address, may be subject to a fee of 15% plus any applicable shipping and handling fees. We want to ensure a smooth and seamless process for everyone, so please get in touch with us if you have any concerns or need to arrange a return.
Best Behavior Guidelines
We want to make sure we’re all on the same page when it comes to using our Site and Services, so here’s a list of the things we kindly ask you not to do:
1. Please don’t use the Site or our Services for anything illegal.
2. We want to maintain a positive and respectful environment for everyone. Please don’t upload, post, email, or transmit any material that’s obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, invades someone’s privacy or publicity rights, defamatory, libelous, vulgar, or just generally objectionable.
3. Only share materials that you have the right to transmit or communicate. This means not infringing on any copyrights, trademarks, patents, intellectual property rights, or moral rights of others. Respect the creative works of others, just as we respect yours.
4. Be cautious and avoid uploading or transmitting anything that could harm our or anyone else’s computer systems. This includes things like viruses, malicious code, worms, data or other files that could damage or give unauthorized access to the Service.
5. Keep in mind that the Content hosted by Amanda Claire Photo should not be made available for public viewing through publicly posted links or any other means. We want to make sure that the privacy of our users and their images is respected.
6. Please refrain from sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other forms of solicitation.
7. Lastly, it’s important not to impersonate anyone or misrepresent your affiliation with any person or entity.
We appreciate your cooperation in following these guidelines. They help create a safe and enjoyable environment for all our users.
Warranties (or Things You Can’t Sue Us For).
AMANDA CLAIRE PHOTO IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AMANDA CLAIRE PHOTO, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) THE SERVICES OR THE TERMS, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR THROUGH THE SERVICES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR OUR SERVICES, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR OUR SERVICES OR PRODUCTS OFFERED ON THE SITE, EVEN IF AMANDA CLAIRE PHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, AMANDA CLAIRE PHOTO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED THE GREATER OF THE VALUE OF THE IMPACTED ORDER OR ONE HUNDRED DOLLARS ($100.00).
Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Amanda Claire Photo gets sued because of something that you did, you agree to defend and indemnify us and our Partners (defined below). That means you’ll defend Amanda Claire Photo (including any of our employees, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party service providers, collectively “Partners”) and hold us and our Partners harmless from any legal claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), or demands (including reasonable attorney’s fees) that arise from (i) your or any other person who accesses the Service using your account’s actions, including but not limited to images or other content you post to or download or order from the Site or submit through the Service, (ii) your or any other person who accesses the Service using your account’s use (or misuse) of our Services, (iii) your or any other person who accesses the Service using your account’s breach of the Terms, or (iv) any violation of any rights of a third party.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Amanda Claire Photo
If you’re upset with us or any of our third-party partners, please let us know at firstname.lastname@example.org, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Amanda Claire Photo is based in Florida, United States of America, so any legal action against Amanda Claire Photo related to our Services must be filed and take place in Orange County, Florida. You agree that any legal action brought against Amanda Claire Photo shall be governed by the laws of the State of Florida without regard to its conflict of law principles and you and Amanda Claire Photo agree to submit to the personal jurisdiction of a state or federal court located in Orange County, Florida.
Changes to the Terms
We may update these Terms from time to time. You are responsible for reviewing and becoming familiar with any changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Amanda Claire Photo regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please email us at email@example.com.