Terms and Conditions
Thank you for doing business with Eric T. Martin Photography LLC! By placing an order with Eric T. Martin Photography LLC, you accept the Terms and Conditions set forth below. Please read through them thoroughly. These items may be updated at any time; please check back for updates. Contact Eric directly with any questions.
Refund / Exchange Policy
Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by Eric T. Martin LLC are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 14-day return for the replacement period unless otherwise noted. All returns for replacement must follow the conditions below:
· All products must be returned complete.
· Eric T. Martin Photography LLC will not accept items that have been intentionally physically damaged or abused.
· All returns must be shipped freight prepaid.
· All related fees (shipping and return shipping fees) are non-refundable for all products in all cases.
· Please allow 2-3 weeks for all replacement orders.
· Claim for missing products must be reported within 10 days from the date item is shipped.
Unauthorized Returns
Shipments that are refused without authorization, or that are returned because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.
Copyrights & Trademarks
All materials appearing on etmphoto.com are the property of Eric T. Martin Photography LLC. Materials protected by this copyright include any and all images and any and all text; (including logos and other graphics); and any and all design elements of the website. You may use etmphoto.com for shopping, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on etmphoto.com may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Eric T. Martin. The “ETM Photo” logos are trademarks of Eric T. Martin, as are all custom graphics, icons, and logos found on etmphoto.com.
Disclaimer & Limitation of Liability
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Eric T. Martin Photography LLC are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 14-day return policy. Eric T. Martin Photography LLC makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Eric T. Martin Photography LLC expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Eric T. Martin Photography LLC arising from any product sold shall be the price of the product ordered. In no event shall Eric Martin, his officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Eric Martin, his officers, employees, or other representatives shall not be liable for damages arising from the operation, content, or use of etmphoto.com.
You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and consequential damages.
Typographical & Photographical Errors
Eric T. Martin Photography LLC attempts to be as accurate as possible in its pricing, as well as its typographical and photographical depictions of products for sale; however, it cannot guarantee that product descriptions/specifications, pricing, or any other content on etmphoto.com is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical, or other errors, Eric T. Martin Photography LLC shall have the right to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
Order Acceptance Policy
Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify the acceptance of such order. Eric T. Martin Photography LLC reserves the right to cancel any order that it deems necessary regardless of the order status or whether you have received a confirmation of the order. Eric T. Martin Photography LLC reserves the right to require additional information from you before accepting or processing any order.
Jurisdiction
Eric T. Martin Photography LLC is based in the United States of America, and you agree that any legal action brought against the company shall be governed by the laws of the United States of America without regard to its conflict of law principles. Additionally, you agree that any and all disagreements arising from your use of, or orders placed through, Eric Martin or etmphoto.com will be adjudicated in the county of Wayne, Michigan by an appropriate court.
Sales Policy Agreement
By placing an order with Eric T. Martin Photography LLC or on etmphoto.com, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order with Eric T. Martin Photography LLC or on etmphoto.com, a customer has agreed to the total dollar amount of the sale and authorized Eric T. Martin Photography LLC to collect payment via the payment method the customer specified. Eric T. Martin Photography LLC reserves the right to make changes to this site and these terms and conditions at any time.
Note: We attempt to be as accurate as possible in content and pricing. However, we cannot guarantee that the product descriptions/specifications, pricing, or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price.
Privacy & Security Policies
We do not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.
Your Personal Information
When you place an order with Eric T. Martin Photography LLC you provide your name, email address, mailing address, phone number, and credit card information. We use this information to process your order.
In order to serve you best, credit card transactions are handled by a reputable third-party banking institution.
Eric T. Martin Photography LLC also works with third parties that perform various vital functions on our behalf. Such functions include shipping and delivering packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on behalf of Eric T. Martin Photography LLC. They are also under strict obligation to keep your personal information private.
We may occasionally notify you via email about important functionality changes to the website or special offers we think you’ll find valuable. At the bottom of every such email are directions on how to take your email address off my list.
Your Consent
By doing business with Eric T. Martin Photography LLC, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our privacy policy, those changes will be posted on this page. We will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful, to the proper authorities. Additionally, we may release account information when we feel that such a release is necessary to enforce the terms of the user agreement, or to protect the rights, property, and safety of our users, the company, or others. Other sites accessible through etmphoto.com have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Eric T. Martin Photography LLC is not responsible for the actions of third parties.
If you have any questions about this privacy statement, Eric T. Martin Photography LLC practices, or your business with Eric T. Martin Photography LLC, please contact us at hello@etmphoto.com. Please check back occasionally for any updates or changes to this privacy policy.
GIFT Voucher Policy
All vouchers purchased or gifted either through Eric T. Martin Photography LLC or this website or by any other source are non-refundable and non-redeemable for cash. They may have set expiration dates after which any voucher will not be eligible to use.
License
All images are the property of Eric T. Martin Photography LLC and are copyrighted by law. None of them can be copied, used, or published for commercial purposes without the express written permission to do so. Eric T. Martin Photography LLC reserves the right to use all of the Client’s images on the website, blogs, social media, or any other related marketing material.
DIGITAL IMAGE LICENSING
Digital Images (photo downloads) may be included as part of the initial service contract or purchased separately. Eric Martin grants the buyer a Non-Exclusive, Non-Transferable Perpetual Personal-Use License to download and copy the accompanying image(s) subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of The Media. Title and ownership, and all rights now and in the future, of and for The Media remain exclusively with the photography studio. There are no warranties, express or implied. The Media are provided ‘as is.’
Neither Eric T. Martin Photography LLC nor its vendors will be liable for any third-party claims or incidental, consequential, or other damages arising out of this license or the buyer’s use of The Media.
What you can do:
Personal, Non-Commercial use of the Media includes:
–Display on personal websites, social media, and computers.
–Make image prints for personal use only (i.e. printing for gifts, shirts, and products as long as they are not sold or used for business or advertising purposes).
What you may not do:
Buyer may not:
–Use the media in any way whatsoever in which you charge money, collect fees, receive any form of remuneration, or use the media in advertising.
–Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner.
–Incorporate the media into trademarks, logos, or service marks.
Eric T. Martin Photography LLC retains all rights, licenses, copyright, title, and ownership of the Media.
Headshot / Personal Branding clients will receive a written Non-Exclusive, Non-Transferrable Perpetual Commercial Use License.
Commercial use enables the client to use the copyrighted images for commercial purposes in communications designed to sell their products or services such as a catalog, brochure, or on some other form of advertisement.
Dispute Resolution
These terms, and any dispute arising from the use of this site, will be governed by The state and federal courts of Wayne County, Michigan without regard to its conflicts of laws provisions.
