Terms and Conditions

 

TERMS AND CONDITIONS

This Terms & Conditions (referred to as the “Policy”) is in effect as of April 27, 2019.  This Policy applies to the Site and all products and services offered by Mark Edwards Photographer (Saber Media LLC). This Policy covers the manner in which users (each, a "User") of the www.markedwardsphotographer.com website ("Site") for Mark Edwards Photographer (Saber Media LLC), now referred to as the “Company, are governed.


1. COPYRIGHT 
Materials on the Site are solely for your personal, non-commercial use. These materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
 

2. PROMOTION

You agree as a client of Mark Edwards Photographer, including Work for Hire, that your image or likeness maybe used for all purposes, in any form, and in any and all media, including, without limitation, advertising, promotion, art, galleries, solicitation, stock photography, social media or trade. For non-Work for Hire customers you waive any right to inspect or approve the finished Images, advertising copy, accompanying text, or any other printed or visual matter that may be used in conjunction therewith, or to inspect or approve any version of any use(s) to which the Images may be employed or used in conjunction therewith for promotion for Mark Edwards Photographer.


YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.


3. TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")

These Terms of Sale are applicable to your purchase of any Services, Photos, Prints, Canvases, Albums and/or other Products through Mark Edwards Photographer (Saber Media LLC)'s online store. Other than as specifically provided in any separate written agreement between you and the company, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control.   Mark Edwards Photographer (Saber Media LLC) facilitates your purchase of Services, Photos, Prints, Canvases, Albums and/or other Products through its relationship with the company's vendors.  If you purchase Services, Photos, Prints, Canvases, Albums and/or other Products through the company online store, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such vendors and the company's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.


Pricing; Payment Terms

In order to purchase Products and Services through the Mark Edwards Photographer (Saber Media LLC)'s online store, you are required to provide valid Payment Information as required by the online store.  Mark Edwards Photographer (Saber Media LLC) may terminate your order for Products or Services if we are unable to process your Payment Information and you do not provide an alternative form of payment upon the company’s request.  You agree to reimburse the company for any and all costs incurred in collecting amounts owed by you to the company or a company vendor, including, without limitation, attorneys' fees and costs of collection agencies.  You are responsible for any taxes that you are obligated to pay or that the company may collect from you in connection with your purchase of Products.  If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Mark Edwards Photographer (Saber Media LLC) reserves the right to collect the taxes or other related fees from you at any time.  In certain jurisdictions, the company may be required to collect and remit sales tax in connection with your purchase of Products.  Any such taxes will be added to the purchase price and reflected on your invoice or receipt.  Please note that paying with PayPal or with a credit card, payment is taken at the time of purchase.  Purchaser's credit card or PayPal account will be charged by Saber Media LLC and will appear as follows on credit Card or PayPal Statement:  "MEP PHOTOS" or “MARKEDWARDSPHOTOS”.


Photo Shoots, Photo Downloads; Cancellations, Shipping Terms and Policies

If you purchase a Photo Shoot, your session will not be confirmed until the company's receipt of your valid deposit or full Payment Information.  


Cancellations/Changes to Scheduled Session or Package

All changes or cancellations to a photo session or package (photo shoot) must be made 72 hours prior to your scheduled session via email to photos@markvfx.com. You can only reschedule 1 time, otherwise you will lose your deposit/session fee and must repay the deposit/session fee again to rebook. A higher priced session maybe offered if the customer cancels. Cancellations with less than 72 hours will not be refunded; and you must repay the deposit/session fee to reschedule your time.  Some of the offered rates and sessions on the online store are dependent upon a minimum number of people booking for each date. Mark Edwards Photographer reserves the right to reschedule your session or cancel and refund your money if the daily minimum number of bookings is not met.  Your photo session begins at the scheduled/agreed upon time and lasts through the purchased time of your package. If you are late for your session, you will only receive the remaining time of your purchased package. In come cases, you maybe able to purchase additional time to extend your session; however, it may not be available. 

Mark Edwards Photographer reserves the right to reschedule your session or cancel and refund your money (minus any fees) if the photographer has an emergency.  You are purchasing my time and expertise so there are no refunds once the photos are taken at the session or for no shows. If you wish to have any images re-shot, you have to book and pay for a new session. Mark Edwards Photographer reserves the right to not charge for reshoots.


Photography Permit Disclaimer

Unless a session or package specifically states a permit is included in the pricing than a permit is not included in the quoted price even if any film permits if they are needed. California has made it very difficult for photographers to shoot in public/private city, county, state and federal locations. If your requested location(s) requires a photo permit, it must be purchased by your company prior to any scheduled shooting. Mark Edwards Photographer normally does not purchase photography permits for sessions; however, if you wish to have the photographer secure any permits needed for your shoot that cost (plus a $50 administrative fee) will be payable prior to the scheduled session. Otherwise, if we are asked to leave a location during our shoot together, you will receive all of the images taken up to that point; however, your session fee will not be refunded.


Travel Fee

There is a minimum fee of $50 for all sessions or packages 40 miles driving distance from San Marino. For locations that are 75 miles or more driving distance from San Marino the additional cost is $75. Mark Edwards Photographer has the ability to waive this fee for all day bookings.


Photo Downloads & Online Galleries

If you purchase a Photo Download or it was included in your contract, such download will be made available to you through the Services or your personalized, secure, online gallery upon the company's receipt of your valid final or complete Payment Information. The download or gallery will remain open as specified within your photo package or photo purchase. Most online galleries will remain open for 4 weeks so that the images can be downloaded. After 4 weeks and up to one year from your session date, there is a $20 fee to re-activate your gallery for an additional week so that the images can be downloaded. Once your payment has been received it can be up to 24 hours to have your gallery re-activated with your same link and password. After one year all photo session galleries are archived and there is a $50 fee to have your images re-loaded to a secure online gallery. Once your payment has been received, it can take up to 5 business days to have the images re-loaded to a new secure, online gallery for one week.

If you purchase Photo prints, Canvases, Albums or other physical medium Products, the company will use its commercially reasonable efforts (and the company's Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order.  Mark Edwards Photographer (Saber Media LLC) is not responsible for any delays in shipping.  Mark Edwards Photographer (Saber Media LLC) or Mark Edwards Photographer (Saber Media LLC)'s Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion.  All shipping charges are your responsibility.  Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order.  The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, the company will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.  Mark Edwards Photographer (Saber Media LLC) is not responsible to replace any order that has been shipped to the wrong address if that address is the one typed into your order upon check out.


Return Policy

Every effort has been made to give the proper professional printing treatment to the image you have purchased.  All images are being printed at a professional printing company with gallery quality paper. Since each order is custom printed, I will be unable to offer refunds or exchanges to your order. If you have any concerns or questions, please feel free to contact me using the contact form on this site. There are no returns on services.


Refunds & Credits

At this time, Mark Edwards Photographer (Saber Media LLC) does not provide refunds or credits for prints, metal prints, or other physical materials Photo sessions may receive credited as noted above.


Product Availability and Pricing

Mark Edwards Photographer (Saber Media LLC) or Mark Edwards Photographer (Saber Media LLC)'s Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed.  All prices are subject to change without notice.


Product Descriptions; Pricing; Errors

Mark Edwards Photographer (Saber Media LLC) strives to maintain accurate information in the online store and to eliminate any errors.  However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other company Materials are accurate, complete, reliable, current, or error-free.  In addition, all weights and size dimensions are approximate.  While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.  The company or the company's Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order.    In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Mark Edwards Photographer (Saber Media LLC) reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.


Shipping Schedule

This is a small operation and sometimes orders may take 3 weeks to fulfill. Please be patient.

IMPORTANT: PLEASE INCLUDE YOUR PHONE NUMBER WITH YOUR ORDER!

Please include a phone number where you can be reached in case of any problems with your order. Your information is kept private here. Sometimes it is just expedient to give a customer a call if we have a problem.


4. DIGITAL IMAGE LICENSING

Photo Downloads may be included as part of the initial service contract or purchased from Mark Edwards Photographer (Saber Media LLC) online store. For non-“Work for Hire and Commercial” customers, Mark Edwards Photographer (Saber Media LLC) grants buyers 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, ownership and copyright, and all rights now and in the future, of and for the Media remain exclusively with the company. There are no warranties, express or implied. The Media are provided 'as is'.  Commercial, Event and/or Business customers receive a two-year limited use license agreement for the images. Each additional year of use is only $600/year, payable by the beginning of each 12 months usage. If a new license agreement is not paid for beginning after the 24 month, Mark Edwards Photographer (Saber Media LLC) does have the right to demand that images be removed from the customer’s website, all marketing, PR and all other unspecified uses, or the customer will be considered to be in violation of the federal Copyright Act (https://www.copyright.gov/title17/).   Neither Mark Edwards Photographer (Saber Media LLC) nor Mark Edwards Photographer (Saber Media LLC)'s vendors will be liable for any third-party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.  If you are a commercial business or third party and would like to license any image that is owned by Mark Edwards Photographer, please contact the company at photos@markvfx.com.


What you can do:

Personal, Non-Commercial use of the Media includes:

Display on personal websites and computers.

Making image prints for personal use.


What you may not do as the Buyer may not:

Resell, relicense, sub-license, redistribute without express written permission from the company. Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. 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. Make available for download. Mark Edwards Photographer (Saber Media LLC) retains all rights, license, copyright, title and ownership of the Media.


5.  California Sales Tax

All orders being shipped to customers within California will be charged at a 10.50% sales tax rate if a physical product is required. Since photographs from photography sessions are usually delivered electronically via download, state sales tax is not collected. However, if you require physical products like thumb drives, hard drives, CD’s (using your own or one purchased from Mark Edwards Photographer) or receive printed photographs, California state sales tax of 10.50% is then applicable and calculated based on all fees/costs related to your session/package.


6. Disclaimer of Warranties

MARK EDWARDS PHOTOGRAPHER (SABER MEDIA LLC) EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Contacting me:

If you have any questions about this Terms & Conditions, the practices of this site, or your dealings with this site, please contact me at:


Mark Edwards Photographer

2275 Huntington Drive #331

San Marino, CA 91108

310-663-0712

photos@markvfx.com


This document was last updated on April 27, 2019.

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