TERMS OF SERVICE
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OVERVIEW
THIS IS A BINDING LEGAL CONTRACT. CAREFULLY READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) BEFORE USING WWW.FREDDYOPHOTO.COM (THE “WEBSITE”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND BE LIABLE TO FREDDYOPHOTO FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Throughout the site, the terms “we”, “us” and “our” refer to FREDDYOPHOTO. FREDDYOPHOTO offers this website, including all information, text, documents, graphics, photographs, video, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. LICENSE PROVIDED AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the trademarks, copyrights and all other intellectual property of FREDDYOPHOTO (the “IP”), the Website, the Content, the goods and services, and the content and look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of FREDDYOPHOTO, or licensors of FREDDYOPHOTO, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the IP, the Website, the goods and services, the content, and look and feel of the Website are and shall remain with FREDDYOPHOTO or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of FREDDYOPHOTO, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of FREDDYOPHOTO or its licensors, and is prohibited. All rights reserved. We do not claim ownership of copyrights owned by any third parties mentioned on this website.
We grant you a license to view and use the materials subject to these Terms of Service. The materials on this website are for your personal and non-commercial use. You may not sell, modify, reproduce, transmit, copy, upload, post, display publically or otherwise use the materials in any way for any public or commercial purpose without prior written consent from FREDDYOPHOTO. In addition, you may not circumvent any technological measures or features of the Website that are intended to or effectively control access to the Content, or any other protected content or information included on the Website. The information, products, and Content displayed on the Website are proprietary or licensed to FREDDYOPHOTO. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without FREDDYOPHOTO’s express prior written consent. Elements of the Website, products and services are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in any way. All rights not expressly provided are reserved.
2. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products 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 product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 e-mail 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control over nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You represent and warrant to FREDDYOPHOTO that any information you provide on the Website will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of FREDDYOPHOTO, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
(a) YOUR USE OF AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH RESPECT TO ANY PRODUCTS OR SERVICES, CONTAINED IN OR PROVIDED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. SUCH CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREDDYOPHOTO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. FREDDYOPHOTO DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREDDYOPHOTO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) IN NO EVENT WILL FREDDYOPHOTO BE LIABLE TO YOU, ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THE WEBSITE OR A LINKED WEBSITE.

(c) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FREDDYOPHOTO BE LIABLE TO YOU, OR ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED BY OR PROVIDED THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF FREDDYOPHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless FREDDYOPHOTO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (i) your breach of these Terms of Service or the documents they incorporate by reference, (ii) your violation of any law or the rights of a third-party, or (iii) any negligent acts, errors, omissions or you or your agents or contractors.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nevada.
20. CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to modify, update, change or replace any part of these Terms of Service at any time. Such revisions shall be effective immediately upon posting to the website. By using the Website after posting of any modifications, updates or revisions, you agree to be bound by such revised Terms of Use. In addition to these Terms of Use, additional terms may govern use of certain web pages within the Website or the creation, maintenance and use of a link to the Website; as such terms may be contained on the web pages of the Website. Provided that such additional terms are not contrary to these Terms of Use, by accessing and using such web pages you agree to be bound by such terms.
21. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@freddyophoto.com [RE: Terms of Service].
22. ADDITIONAL ONLINE SHOP POLICIES
Our store is hosted on SQUARESPACE. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Stripe is the payment processor that powers SQUARESPACE Commerce. Stripe exceeds the most stringent industry standards for security. Stripe is certified as a PCI Level 1 Service Provider. Checkout and payment pages are served over SSL.
ORDER PROCESSING
Once you make your selections and add the items to your cart, you will be asked to supply your payment information. We use a secure payment site, and the protection of your information is of utmost importance to us. You will be contacted within 2-3 business days via email to confirm your order. We will contact you if there are any special instructions. If no special instructions are required, your art will go straight to production.
ACCEPTED METHODS OF PAYMENT
FREDDYOPHOTO only sells to United States consumers. Currency is accepted in USD (US dollars). We can accept the following cards types: Visa (credit and debit cards), MasterCard (credit and debit cards), American Express, and Discover (US merchants only) via Stripe.
CREDIT CARD CHARGES
Your credit card will be charged when you place your order. If we are not able to fulfill your order for any reason your credit card will be refunded.
SALES TAX
FREDDYOPHOTO has a physical presence in the state of Nevada, so we must collect and pay Nevada Sales Tax from purchases in the state of Nevada. Purchases made from other United States locations do not require our business to collect sales tax; however, due to changes in state dictated sales tax obligations it is your responsibility to know if you are required to pay any taxes for online purchases with which sales tax was not collected by the vendor.
SHIPPING POLICY
Items will be shipped once production is complete. Prints take approximately 3-5 weeks to deliver, Framed and Museum Mount pieces typically take 6-8 weeks to deliver. Once turnaround time is known, we will send a notification email. Tracking information will be emailed once the product has shipped.
If we are unable to ship within the promised time, we will notify you by either email or phone of the delay. At this point, we will provide a revised shipment date. Once we receive written confirmation from you via email that the revised delivery date will be okay, your shipment will be processed and completed. If you do not wish to accept the revised delivery date, you have the right to cancel and get a full and prompt refund.
Each item is thoroughly inspected prior to shipping to ensure the finest artwork quality.
Prints will be shipped in art shipping tubes. Museum Mount and Wood Float Mount Frames will be shipped in either art shipping boxes or wood crates. FedEx is our preferred shipping carrier. We can ship “Print Only” orders via USPS, if that is preferred.
DELIVERY
All deliveries require Signature Verification of Delivery. To accommodate scheduling conflicts, deliveries can be made to either Residential or Business locations. Please keep in mind that the packaging used for shipping can be much larger and heavier than the actual artwork. It is best to have the order delivered to its final destination for your convenience.
SHIPPING RATES
As an introductory special, we are covering all standard shipping charges for a limited time. If you require special shipping arrangements, a premium up charge will be added to your order once we get your approval to proceed with the purchase.
Local Northern Nevada Deliveries may be delivered straight from the vendor, upon client’s request.
LOST OR MISSING DELIVERY
If the item is lost or missing, please notify us after the delivery date has passed so that we can contact the carrier to either send a replacement piece or track the lost item.
CANCELLATION
If you decide to cancel an order before it goes to production, you can do so by contacting Jen Oropeza at 775.996.4040. It will not be considered cancelled until she has spoken with you and given you a Cancellation Confirmation number. Each piece is made to order, based upon your selections. Once an item is in production, it can no longer be cancelled.
RETURN POLICY
ALL SALES ARE FINAL
All pieces are custom made to your selected specifications. Please be sure that you have measured the space and are happy with your selection prior to placing your order.
Each piece is inspected and packaged with specialized art shipping materials and are produced to provide generations of enjoyment to our collectors.
Items are insured due to uncontrollable factors that can occur during shipping.
We only allow returns or replace items if they arrive defective or damaged.
REPLACEMENT OF DAMAGED ITEMS
Once an item is received, you will have 72 hours to examine your purchase.
If any items arrive damaged due to shipping, the item will be replaced. In order to receive your replacement piece, you must follow the procedure listed below:
1.   Immediately call Jen Oropeza at 775.996.4040 or email jen@freddyophoto.com to notify FREDDYOPHOTO of a damaged shipment.
2.   Document with a high resolution camera any visible damage to the shipping container and the artwork. Please send this (high res jpeg) attachment to jen@freddyophoto.com with a detailed written description so that we can process the insurance claim.
3.   Once we have received and verified the damage, we will contact you to arrange for a pick-up of the damaged piece. Do not send anything back unless directed to do so by one of our team, as we will schedule delivery pick up (if required).
4.   We will give you an approximate shipping arrival date for your replacement piece.
5.   You will receive an email with an "Authorization of Damage Return" Confirmation # from jen@freddyophoto.com
6.   A shipment confirmation will be emailed to you once the replacement piece has shipped
Last Updated: August 10, 2015

These Terms of Service may be changed at any time.

© 2015 FREDDYOPHOTO

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