Website Terms of Use

Website Terms of Use & Copyright Notice

Terms of Use of Website and Website Materials

This Website is an online service owned and operated by The Photography Alchemist, LLC and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Website Terms of Use: Use of this web site demonstrates an understanding of these terms and implies that you understand and agree with them. The contents of this website, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski, and/or it’s affiliates or its content suppliers, clients, or third parties. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski and/or it’s affiliates and is protected by US and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any personal, public or commercial purpose. You shall not copy or adapt the HTML code that The Photography Alchemist, LLC, and/or its affiliates creates to generate its pages. The content on this site is also protected by The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski and/or its affiliates Copyright.

Use of any Hotlinking for displaying any of our images on another website is strictly prohibited. Use of automated system or software, whether operated by a third party or otherwise, to extract any data from this website for any purpose (“screen scraping”) is strictly prohibited.

Copyright of Photographs

All images appearing in this website are the exclusive property of John Naschinski and are protected under the United States and International Copyright laws. The images may not be reproduced, copied, transmitted or manipulated without the written permission from John Naschinski.

Use of any image as the basis for another photographic concept or illustration (digital, artist rendering or alike) is a violation of the United States and International Copyright laws.

Please note that the images appearing on this website make use of a digital technology that automatically crawls the web to locate images being used online. If a copyright infringement is found we will seek full damages as allowed under the Copyright Law of the United States of America.

All images are copyrighted © John Naschinski 1980 –, All Rights Reserved. All inquiries regarding usage rights must be directed to The Photography Alchemist, LLC and ColoradoPhotoSource.com, using the contact form, which can be accessed by clicking here.

You agree to indemnify, defend and hold harmless ColoradoPhotoSource.com, John Naschinski, The Photography Alchemist, LLC, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement. If you do not agree to these terms, do not use this Site.

All materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or licensed by John Naschinski, The Photography Alchemist, LLC, IMCD of Colorado, Inc and/or its affiliates, its affiliates or its suppliers. (c) 1980- Copyright John Naschinski, The Photography Alchemist, LLC, IMCD of Colorado, Inc, All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at Website is permitted without the written permission of IMCD of Colorado, Inc, The Photography Alchemist or John Naschinski,

Trademarks referenced on the Website are the registered trademarks of the respective website owners.

Pursuant to Title 17, United States Code, Section 512(c)(2)-(4), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Any rights not expressly granted herein are reserved.

Third-Party Information

All information published by The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski and/or its affiliates, it partners, or third parties is subject to change without notice. The Photography Alchemist, LLC, and/or its affiliates is not responsible or liable for any errors, omissions, or damages of any kind resulting from access to its Internet resources, or provided by its users, partners, or third parties. A third-party link is provided for additional reference only and all efforts have been made to provide authorship and source origination. The Photography Alchemist, LLC, and/or its affiliates is not responsible for the content or functionality of any website published outside of our domain, including resources reached through links from or to us. Additionally, a link to a non-The Photography Alchemist, LLC, and/or its affiliates website does not imply that The Photography Alchemist, LLC, and/or its affiliates endorses or accepts any responsibility for the content, or the use, of such website.

Confidential Information

The Photography Alchemist, LLC, ColoradoPhotoSource.com, and/or its affiliates does NOT want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to The Photography Alchemist, LLC, and/or its affiliates will be deemed NOT to be confidential-except for any information that our privacy policy deems confidential such as financial information required to process a job posting. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Verification of Information

The data of this website is provided on an “as is” basis and for information and reference purposes only. We do not claim to review the accuracy of information and other materials available online about the clients that utilize its services. All those that review this site should take the appropriate precautions to verify all information. Neither The Photography Alchemist, LLC, and/or its affiliates can be held liable for typographical errors, layout error, or misinformation contained herein.

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

These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases and/or other Products through The Photography Alchemist, LLC’s online store. Other than as specifically provided in any separate written agreement between you and The Photography Alchemist, LLC, 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 Alchemist, LLC facilitates your purchase of Photos, Prints, Canvases and/or other Products through its relationship with The Photography Alchemist, LLC’s vendors. If you purchase Photos, Prints, Canvases and/or other Products through the 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 Alchemist, LLC’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

Licensing:

When you purchase any Photos, Prints, Canvases and/or other Products through The Photography Alchemist, LLC’s online store you are granted a limited, non-exclusive license to display these Photos, Prints, Canvases and/or other Products in your home, office, building or place of business. The Photos, Prints, Canvases and/or other Products offered on this website may not be copied, duplicated or distributed in any form and may not be used in any form of promotion or advertising whether it be for personal, non-commercial or commercial purposes, including but not limited to syndication to third parties.

1. Pricing; Payment Terms

In order to purchase Products through the The Photography Alchemist, LLC’s online store, you are required to provide valid Payment Information as required by the online store. The Photography Alchemist, LLC 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 Alchemist, LLC’s request. You agree to reimburse The Photography Alchemist, LLC for any and all costs incurred in collecting amounts owed by you to The Photography Alchemist, LLC or their 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 Alchemist, LLC’s Vendors 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 The Photography Alchemist, LLC’s Vendors reserve the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, The Photography Alchemist, LLC’s Vendors 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. Shipping Terms and Policies

If you purchase Photo prints, Canvases, Albums or other physical medium Products, the The Photography Alchemist, LLC’s Vendors will use its 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. The Photography Alchemist, LLC and its Vendors are not responsible for any delays in shipping. The Photography Alchemist, LLC or their 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 Alchemist, LLC will contact you with the correct shipping costs before processing your order. You acknowledge that we are not responsible for verifying the authority of the signatory taking receipt of the goods.

3. Return Policy

In the very rare case your product is damaged during shipping, please contact us within 14 days of receipt so that the shipper may verify the shipping damage. We will need pictures of the packaging and the product to prove a claim to the shipper. You will need to save every part of the packaging and product for the shipper’s investigation. At the print lab’s discretion, they will either remake the order immediately at no charge, or we will contact you to let you know we will need to bill you for the remake and then refund you if the vendor is able to make a successful claim with the shipper.

How To Report Shipping Damage:

If your product arrives damaged we offer a hassle-free process to speed replacement. Here’s how:

1. Take a digital photo of your damaged product and the shipping container it arrived in (only if the package is also damaged).
2. Attach your photos to an email and send to our email address. Please include your order number, shipping ID or item number, and a brief description of the damage.
3. You will receive an email as soon as we are able verify the damage with the shipper confirming that your photo return is being processed.
4. If your photo return is confirmed, you do not need to mail back your product. We will process the replacement based on your photos.
5. Please note: If the damage or quality issue is not apparent in the photo, you may be required to return the item at your expense or have the shipper visually inspect the pacakge before the return can be processed. If we need the photo returned the photo must be returned in the same condition as they were originally dispatched and received by you. All items must be returned with tracking details.

4. Product Availability and Pricing

The Photography Alchemist, LLC or The Photography Alchemist, LLC’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

The Photography Alchemist, LLC 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 and/or other Product pricing or other 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 Alchemist, LLC and their Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order.

Liability

The Photography Alchemist, LLC, ColoradoPhotoSource.com, and/or its affiliates and its suppliers and affiliates in any circumstance or event will NOT be liable to any party for any direct, indirect, particular or subsequent damages for any use of this website, or on any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

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.

Contacting Us:

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

The Photography Alchemist, LLC
(303) 990-9721