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 Ron McGinnis (defined below), which governs the use of Products and Services (defined below) obtained by purchase through this website at www.ronmcginnis.com, in-studio, on-location 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 Ron McGinnis Visual Arts, LLC, doing business as Ron McGinnis Photography.

“Products” referred to by these Terms include but are not limited to: photographic prints, products, and any other materials provided for paid purchase or for which you supply personal information in exchange obtained from Ron McGinnis.  All such Products are the intellectual property of and are owned by Ron McGinnis.

“Services” referred to by these Terms include but are not limited to: portrait sessions, consultations, stylist services, reveal and ordering sessions, and any other service(s) provided for paid purchase or for which you supply personal information in exchange obtained from Ron McGinnis.

By purchasing any Product or Service, 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 Ron McGinnis’ Products and Services 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

Ron McGinnis is a resource through which you may obtain portrait photography services and photographic products.

PRIVACY POLICY

Ron McGinnis permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: http://www.ronmcginnis.com/privacy-policy which is incorporated herein by reference.

Ron McGinnis will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Ron McGinnis 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. Ron McGinnis is the sole manager of such information collected on the Site. Ron McGinnis will use such information to respond to you as necessary.  You grant Ron McGinnis 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.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Ron McGinnis to help support the maintenance of the Site.  Ron McGinnis does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Ron McGinnis from any loss or damage incurred from dealing with such affiliate.

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

Ron McGinnis 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 Ron McGinnis' services, and; (d) any other intellectual property rights afforded to Ron McGinnis, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Ron McGinnis does not grant you any rights to any Intellectual Property contained within the Products, Services, or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Ron McGinnis' Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Ron McGinnis 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.

So long as you comply with this Terms of Use, Ron McGinnis grants you a personal use license to view, copy, and print all images you have purchased solely for your personal use. This license does not allow you to modify your images (includes black and white conversions), sell your images, submit images into contests and/or publications, or any other use of the Products or Services for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way. Please remember that it is your responsibility to securely back up all digital Product purchases.  Ron McGinnis is not liable for any loss or damage to Products that occur after you receive your Products. Including but not limited to: damage, loss, or destruction of Products received. Ron McGinnis will not reimburse you for such loss.

CONTACT

By using the Site and entering personal information, you give Ron McGinnis 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 Ron McGinnis know by emailing us at ronsphotos2@gmail.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

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

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. RON MCGINNIS OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PURCHASED PRODUCTS.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, RON MCGINNIS 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 RON MCGINNIS, 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 the state of Missouri. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Fair Grove, MO.  Ron McGinnis 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 Ron McGinnis' Products, Materials and Services.

Any questions regarding the above Terms may be directed to:

ronsphotos2@gmail.com

All rights reserved © Copyright 2016 Ron McGinnis

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© 2016 RON MCGINNIS | SOUTHWEST MISSOURI

PRIVACY POLICY  |  TERMS OF USE