Terms of Sale
By purchasing one or more Digital Images from Laura Monfredini Photography, which is doing business as Madeline & Eleanor (also referred to herein as “we” “us” “our”), you agree to be bound by the following terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Digital Images.
LICENSE TO USE DIGITAL IMAGES
All Digital Images available through this site are owned or controlled by us and are protected by intellectual property rights, including copyright. Upon payment of the price of the Digital Image, we grant you a non-exclusive, non-transferable license to use the Digital Image consistent with these terms.
You agree that you will download and use Digital Images for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Images to anyone else. Nothing in these Terms of Sale grants to you any rights other than those expressly set out herein.
These Terms of Sale do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Image.
Digital Images are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. Under the terms of your license to use the Digital Image, you may create physical printed copies of the same Digital Print up to two (2) times over a one (1) year period. Should you wish to exceed this limit, please send an email to email@example.com with your request.
To prevent unauthorized use, Digital Images may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Images but which would allow us to identify the origin of the Digital Images and track any subsequent unauthorized use. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms of Service and to prevent your unauthorized use of the Digital Images.
DELIVERY OF IMAGES
You agree to provide current, complete and accurate purchase and account information for all purchases, including your email address, which is where your Digital Image will be delivered.
In order to access and download Digital Prints you will need:
• Internet access; and
• A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Images functions correctly. If you are downloading the Digital Image to a mobile device, some network/service providers may charge you an additional amount for this service.
You acknowledge that due to industry/technology developments, the nature of the Digital Images offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time.
RIGHT TO REFUSE ORDERS
We reserve the right, but are not obligated, to limit the sales of our Digital Images to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Digital Images that we offer. All descriptions of Digital Images or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Digital Image at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
CANCELLATIONS AND RETURNS
You may not cancel an order by you for any download of a Digital Image once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
We take great care in providing our Digital Image. In the unlikely event of faults with the Digital Image, email us at firstname.lastname@example.org within two weeks of receipt of your Digital Image. If you fail to notify us within two weeks, we will have no liability to you. You understand that your exclusive remedy and our sole obligation for a defective Digital Image shall be that we will provide a replacement image or refund.
We cannot guarantee that the quality or design of any Digital Image purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colors and images of our Digital Images. We cannot guarantee that your computer monitor's display of any color will be accurate.
QUESTIONS OR COMPLAINTS
If you have any about the featured Digital Images, or the Terms of Service, please email us at email@example.com.