Privacy Policy and Terms of Sale

This Privacy Policy and Terms of Sale governs the manner in which Jonn Carlson Photography collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.jonncarlsonphotography.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Jonn Carlson Photography.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, purchase materials, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web Browser Cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How We Use Collected Information

Jonn Carlson Photography may collect and use Users personal information for the following purposes:

– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.

– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

– To improve our Site
We may use feedback you provide to improve our products and services.

– To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

– To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.

– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. When third party entities are involved with handling User information including but not limited to the registering, ordering, and payment for product and services. User will not hold Jonn Carlson Photography liable for lost information or any damage accrued because of default of third party.

Sharing Your Personal Information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Changes to this privacy policy

Jonn Carlson Photography has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)

These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products through Jonn Carlson Photography’s online store. Other than as specifically provided in any separate written agreement between you and the photography studio, 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.

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

1. Pricing; Payment Terms; Order Acceptance

In order to purchase Products through the Jonn Carlson Photography’s online store, you are required to provide valid Payment Information as required by the online store.  Jonn Carlson Photography 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 the photography studio’s request.  You agree to reimburse the photography studio for any and all costs incurred in collecting amounts owed by you to the photography studio 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 the photography studio 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 Jonn Carlson Photography reserves the right to collect the taxes or other related fees from you at any time.  In certain jurisdictions, the photography studio 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.

Your submission of an order and/or receipt of an order confirmation automated or otherwise does not signify my acceptance of such order. Jonn Carlson Photography reserves the right to cancel any order that I deem necessary, at my sole discretion, regardless of the order status or whether you have received a confirmation of the order.

I reserve the right to require additional information from you before accepting or processing any order.

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 Services upon the photography studio’s receipt of your valid Payment Information.

If you purchase Photo prints, Canvases, Albums or other physical medium Products, the photography studio will use its commercially reasonable efforts (and the photography studio’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.  Jonn Carlson Photography is not responsible for any delays in shipping.  Jonn Carlson Photography or Jonn Carlson 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, the photography studio 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

Jonn Carlson Photography guarantees your satisfaction with any Products that you purchase through Jonn Carlson Photography’s online store.  If you are unsatisfied with any Photos, Prints, Canvases, Albums and/or other Products you have purchased through the photography studio, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product.  Upon completion of the return procedure and receipt of the returned Product, we will issue you a store credit of the purchase price paid for such Product, less a 15% restocking fee and any shipping fees, handling fees, special processing fees, fees applicable to specialty products made at the time of purchase.  We do not provide refunds for your original shipping cost unless your order is physically defective in some manner.  If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. On package deals that include a print credit, Jonn Carlson Photography will only issue an equal amount of print credit for the return of goods and will not issue a “cash” refund for print credit.  To request a refund or replacement for any Product, please contact Jonn Carlson Photography through the Site at.  Please do not contact your credit card company to dispute a charge before contacting Jonn Carlson Photography.

4. Product Availability and Pricing

Jonn Carlson Photography or Jonn Carlson Photography’s Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed.  All prices are subject to change without notice.

5. Product Descriptions; Pricing; Errors

Jonn Carlson 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.  The photography studio or the photography studio’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 the photography studio is not as described or pictured, your sole remedy is to return the Product in unused condition for a store credit within thirty (30) days of receipt.  In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Jonn Carlson 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 and Limitation of Liability

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN TEN (10) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND JONN CARLSON PHOTOGRAPHY’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE PHOTOGRAPHY STUDIO 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.

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Jonn Carlson Photography on jonncarlsonphotography.com are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 10 day return policy. Jonn Carlson Photography makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site.

Jonn Carlson Photography expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose.

You agree that the sole and exclusive maximum liability to Jonn Carlson Photography arising from any product sold on this website shall be the price of the product ordered.

In no event shall Jonn Carlson Photography, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold.

You agree that Jonn Carlson Photography, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of jonncarlsonphotography.com.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

7. Jurisdiction

Jonn Carlson Photography is a DBA of Peak Marketing LLC, a sole proprietorship with it’s principle place of business in Maricopa County, Arizona and you agree that any legal action brought against Jonn Carlson Photography shall be governed by the laws of the state of Arizona without regard to its conflict of law principles.

Additionally, you agree that any and all disagreements arising from your use of or orders placed through jonncarlsonphotography.com will be adjudicated in the county of Maricopa, Arizona by an appropriate federal or state court.

8. Copyrights and Trademarks

All materials appearing on jonncarlsonphotography.com are the property of Jonn Carlson Photography. Materials protected by this copyright include, any and all images and any and all text; (including logos and other graphics); and any and all design elements of the website. You may use the content of jonncarlsonphotography.com for shopping, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site.

Unauthorized use of the materials appearing on jonncarlsonphotography.com may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Jonn Carlson Photography.

The “Jonn Carlson Photography” logo is a trademark of Jonn Carlson Photography, as are all custom graphics, icons, and logos found on jonncarlsonphotography.com.

DIGITAL IMAGE LICENSING

Photo Downloads may be included as part of the initial service contract or purchased from Jonn Carlson Photography online store. Jonn Carlson 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 Jonn Carlson Photography nor Jonn Carlson Photography’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:

1. Personal, Non-Commercial use of the Media includes:
   1. Display on personal websites and computers.
   2. Making image prints for personal use.

What you may not do:

1. Buyer may not:
   1. Resell, relicense, sub-license, redistribute without express written permission from the photography studio.
   2. Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
   3. Use The Media in advertising.
   4. Use The Media in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
   5. Incorporate The Media into trademarks, logos, or service marks.
   6. Make available for download. Jonn Carlson Photography retains all rights, license, copyright, title and ownership of the Media.

Contacting us:

If you have any questions about this Privacy Policy and Terms of Sale, the practices of this site, or your dealings with this site, please contact us at:
Jonn Carlson Photography
www.jonncarlsonphotography.com

This document was last updated on August 11, 2017