Terms and Conditions
Welcome to Photography.com. Our services and products are subject to the following Terms and Conditions. These Terms of Usage govern your access and use of this website. By accessing or using this Site you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Usage. Our website is owned and operated by Horizon Worldwide Corp.
Photography.com reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.
License and Website Access
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- • reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
- • engage in any activity that interferes with the website or another user’s ability to use the website;
- • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting our Customer Service Team at 713-647-0052 or at CustomerService@Photography.com
All orders are subject to acceptance by Photography.com. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Photography.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance; Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by emailing our customer service at CustomerService@Photography.com. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form where indicated and submit it to:
Horizon Worldwide Corp.
1765 Stebbins Dr.
Reviews, Comments, Communications and Other Content
Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.
Suggestions and Ideas
Visitors may submit suggestions, ideas or questions to CustomerService@Photography.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
III. Terms of Sale
These Terms of Sale apply to all offers made by Photography.com, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
We are committed to quality products and your satisfaction is 100% guaranteed. If for any reason you are not satisfied with your order, please contact us so we can make it right.
Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandle by the buyer or part of the order was used by the buyer and part of the order is being returned.
User acknowledges that Customer Service related to the purchases made on the site will be provided by Horizon. Because each item is custom-made, all sales are final. Products are sold as is. Returns are not accepted except under special circumstances with preapproval and authorization by Horizon.
At Photography.com, your satisfaction is our number one priority.
If your order is flawed because of a mistake on our part, we'll replace it as quickly as possible at no additional cost to you.
In many cases, you won't have to return your order. However, quality is very important to us so we may ask you to return the order so we can take a look at the mistake.
If you're unhappy with your order because of a mistake on your part, such as a low-resolution image or misspelled word, we'll help you fix it and share the cost of replacing it.
If you made a mistake or changed your mind and wish to receive a refund, you must return the merchandise and a 50% return fee will apply. Please call our customer care at 713-647-0052 or email us at CustomerService@Photography.com.
If your order should arrive in less than satisfactory condition, take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send to CustomerService@Photography.com. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. Your request will be processed within 2-5 business days and you will receive an email letting you know your replacement is under production or your refund is being processed.
We strongly encourage you to return your item via a trackable method.
A return request must be submitted before returning merchandise to be eligible for a replacement. To submit a return request, please call our Customer Service at 713-647-0052.
Returns for reasons other than Photography.com error will be subject to a 50% return fee. We reserve the right to issue store credit (rather than a refund).
Shipping charges on the original order will not be refunded if the entire order is returned. We are unable to issue refunds for return shipping charges. Please allow 3-5 business days once we receive your return for your refund to be processed.
Acceptance of Order
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Items shipped to destinations in the state of Texas are subject to tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax.
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement or credit.
Accuracy of Colors
Horizon strives to render orders as accurately as possible during the order entry process. However, User acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variations, and other factors. User acknowledges that delivered product may not be an exact color match to the rendered image on the Internet Site. User indemnifies Horizon for any costs User incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages.
Photography.com will arrange for shipping with the carrier on behalf of the buyer. The Buyer will be fully responsible for the shipping and handling cost. Photography.com will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.
Credit Card Transaction Processing
User authorizes Horizon to process payment for orders at the time orders are placed. This means User's credit card will be authorized and charged at that time. Orders will be fabricated and shipped within approximately 7-10 business days, 10-15 business days during peak holidays season, of order acceptance. Shipping typically takes 1-10 business days. Expedited shipping is available.
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
By placing an order with Photography.com you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Photography.com.
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this Internet Site, or any part thereof, without the prior written consent of Horizon. All materials including images, illustrations, designs, icons, photographs, written content and other materials that are part of this Internet Site are copyrighted by Horizon. This Internet Site contains copyrighted software and other proprietary material that may not be decompiled, reverse engineered, disassembled or otherwise reproduced, in whole or in part.
User grants Horizon and its designated agents the right to use images user uploads to the site. User grants Horizon the right to display any image User uploads to the site and orders User composes on the site as an example of customer orders.
Horizon shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of Horizon.
Either you or we may terminate your access to our Sites and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Sites will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any submitted user materials. Upon termination, Photography.com may delete all information, files and materials related to your account, including any submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
This agreement comprises the entire agreement between User and Horizon and supersedes any prior or previous agreements between us.
IV. Limitation of Liability:
Photography.com will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations. Photography.com shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages. The Buyer agrees that the Buyer will not hold Photography.com responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Photography.com and its affiliated company (S) on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights.
We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.