Placing an order constitutes acceptance of my terms and conditions of business. The following conditions apply to all contracts for the supply and sale of services and materials by philbertphotos.com.
Your Use of Our Photographs
You can purchase the photographs featured on our Web site from Philbert Photos in the form of photographic prints, or other photographic products (collectively, the "Products"). If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Philbert Photos . Products are intended for your personal use only. You may not use or reproduce a Product in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Philbert Photos prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this Web site.
Colours
Exact colour matching is not guaranteed due to the limitations of photographic and computer materials and processes; tonal variations can occur.
Payment
Payment is required after work is completed but before the final high resolution image can be delivered. If paying by cheque, work will be delivered after the cheque has cleared.
Low-Res Web Ready - Download (Copyright)
Photographs purchased as Low-Res Web Ready cannot be sold or used for advertising.
Hi-Res Personal Use - Download (Copyright)
Photographs purchased as Hi-Res Peronal Use can be printed freely but cannot be sold or used for advertising.
Hi-Res Editorial Use - Download (Copyright)
Photographs purchased for Hi-Res Editorial Use is for single one (1) year use only.
Discounts and Promotional Codes
All discounts or promotional codes must be entered at the time of purchase (on the shopping cart page) for the discount/promotion to be applied. Retroactive requests for discounts or promotions will not be granted.
Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Philbert Photos, or if you otherwise infringe any intellectual property rights relating to the photographs, Products or this web site, you agree to indemnify and hold Philbert Photos, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach of this terms of this Agreement.
Your privilege to access, use, and contribute to our services depends on your compliance with the following guidelines. We may revoke your privileges to use our service and take any other appropriate measures to enforce our guidelines if persistent violations are brought to our attention. Additional penalties for violations of the Terms of Use of this agreement may include, but are not limited to, providing information to authorities (for images of child pornography or child abuse) and civil penalties.
Philbert Photos reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time.
These Terms of Use constitute the entire agreement between you and Philbert Photos with respect to the use of this site and any Philbert Photography services. Philbert Photos failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
CopyrightBy placing an order the customer expresses their right to reproduce the supplied image under copyright law. All photographs and negatives provided for restoration, printing or archiving are accepted on the strict understanding that the provider owns copyright or permission has been obtained from the owner in writing. The customer is absolutely liable for any resulting violation of copyright action taken by any third party.
By placing an order the customer agrees to the use of their photographs by me for marketing purposes and display on my website.