Terms of Use (“Terms”)
The following is a legal agreement between you (“user”) and Paws Encounters Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at pawsencountersphotography.com, or any related domains or subdomains (the “Sites”).
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 Night Sky Media, LLC, doing business as Paws Encounters Photography.
“Products” referred to by these Terms include but are not limited to: Photo prints, Posters, Note cards, Workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information obtained from Paws Encounters Photography.
All such Products are the intellectual property of and are owned by Paws Encounters 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 Paws Encounters Photography’s Products immediately.
Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, 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
Paws Encounters Photography is a Pet Portraiture Photography Studio which can be hired to provide such services. The studio also offers for sale through e-commerce: cards, posters, and prints created from photography and other art media.
PRIVACY POLICY
Paws Encounters 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.
Paws Encounters Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Paws Encounters Photography will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.
Paws Encounters Photography is the sole manager of such information collected on the Sites. Paws Encounters Photography will use such information to respond to you as necessary. You grant Paws Encounters Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfil your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
INTELLECTUAL PROPERTY LICENSE
Paws Encounters 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 Paws Encounters Photography’s services, and; (d) any other intellectual property rights afforded to Paws Encounters Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Paws Encounters 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 unauthorised use of or otherwise infringe upon Paws Encounters Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Paws Encounters 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 or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, Paws Encounters Photography grants you a non-exclusive, non-transferable license to the Products you purchase solely for your personal use and which is not to include any reproduction, copying, or any other use of the Products 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.
Accuracy of Information/Registration
You represent and warrant the information that you provide to us during registration and at all other times will be true, accurate, current, and complete, and you have all necessary right, power, and authority to enter into the Agreement and to perform the acts required of you hereunder. You also agree to maintain and promptly update your registration data to keep it true, accurate, current, and complete. This is especially important with respect to your email address, since that is the primary way in which Paws Encounters Photography will communicate with you about your requests and orders.
CONTACT
By using the Sites and entering personal information, you give Paws Encounters 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 Paws Encounters Photography know by emailing us here, and we will kindly refrain from doing so.
RETURN/REFUND POLICY
All fees for Services will be paid through our merchant service provider to Night Sky Media, LLC in U.S. dollars.
Sales/Use Taxes: Pursuant to federal, state, and/or local tax regulations, Paws Encounters Photography may collect sales and/or use taxes from you. If it is not collected, you are solely responsible for your tax liability, if applicable. Please contact a qualified tax professional if you have any questions or concerns about your tax liability.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
AFFILIATE LINKS
Links on the Sites may be affiliate links controlled by parties other than Paws Encounters Photography to help support the maintenance of the Sites. Paws Encounters Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites 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 Paws Encounters Photography from any loss or damage incurred from dealing with such affiliate.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of North Carolina. 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 Fayetteville, North Carolina. Paws Encounters 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 Paws Encounters Photography’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
info@pawsencountersphotography.com