Terms of Use    |          Privacy Policy          |      © 2019 David Hamrick Photography  |   info@davidhamrickphotography.com

McKinney / Sherman Portrait Photographers   |    (903) 227-3792 / 3793    |      PO Box 32, Trenton,TX 75490

TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

 

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and David Hamrick Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.davidhamrickphotography.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to David and Tammy Hamrick, doing business as David Hamrick Photography

 

“Products” referred to by these Terms include but are not limited to: custom portraits, custom packaging, digital files and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from David Hamrick Photography.  All such

 

Products are the intellectual property of and are owned by David Hamrick Photography.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of David Hamrick Photography’s Products immediately.

 

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

 

WHAT WE DO

David Hamrick Photography is a resource through which you may obtain portrait photography services.  

 

 

 PRIVACY POLICY

David Hamrick Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here which is incorporated herein by reference.

 

David Hamrick Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  David Hamrick Photography will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  David Hamrick Photography is the sole manager of such information collected on the Site.  David Hamrick Photography will use such information to respond to you as necessary.  You grant David Hamrick Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

 

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

 

INTELLECTUAL PROPERTY LICENSE

David Hamrick Photography owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of David Hamrick Photography’s services, and; (d) any other intellectual property rights afforded to David Hamrick Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, David Hamrick Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

 

You agree not to make unauthorized use of or otherwise infringe upon David Hamrick Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  David Hamrick Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

 

 CONTACT

By using the Site and entering personal information, you give David Hamrick Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let David Hamrick Photography know by emailing us at david@davidhamrickphotography.com and we will kindly refrain from doing so.

 

RETURN/REFUND POLICY

You acknowledge that all Products and materials agreed to by you are non-refundable and not returnable, under any circumstances.  All sales are final.

 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. DAVID HAMRICK PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  DAVID HAMRICK PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

 

EXCEPT AS PROHIBITED BY LAW, DAVID HAMRICK PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO DAVID HAMRICK PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

 

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of Texas.  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the Van Alstyne, Texas.  David Hamrick Photography reserves the right to change or modify these Terms at any time without notice to you.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of David Hamrick Photography’s Products, Materials and services.

 

Any questions regarding the above Terms may be directed to:

david@davidhamrickphotography.com

David Hamrick Photography, PO Box 32, Trenton, TX 75490

All rights reserved © Copyright 2017.  David Hamrick Photography.