Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement.

Use License

Permission is granted to temporarily download one copy of the materials on Martin Quinn Photography's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials
• use the materials for any commercial purpose or for any public display (commercial or non-commercial)
• attempt to decompile or reverse engineer any software contained on the website
• remove any copyright or other proprietary notations from the materials

Disclaimer

The materials on Martin Quinn Photography's website are provided on an 'as is' basis. Martin Quinn Photography makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights.

Copyright and Licensing

All photographs and content on this website are protected by copyright. Unauthorized use, reproduction, or distribution is strictly prohibited. For licensing inquiries, pleasecontact us.

Website Usage and Access

This website is provided for informational and commercial purposes related to fine art landscape photography. Users must be at least 18 years old to make purchases or enter into licensing agreements. We reserve the right to refuse service or access to anyone at our sole discretion.

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Purchase Terms and Conditions

All purchases are subject to acceptance by Martin Quinn Photography. We reserve the right to refuse or cancel orders at any time for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our credit verification processes. Prices are subject to change without notice.

Payment must be received in full before shipment of physical products or delivery of digital files. We accept major credit cards and PayPal. All transactions are processed in United States dollars unless otherwise specified. Sales tax may be added where applicable.

Custom framing, special orders, and limited edition prints may require extended processing times. Delivery dates are estimates only and are not guaranteed. Risk of loss passes to the buyer upon delivery to the shipping carrier.

Return and Refund Policy

Physical prints may be returned within 30 days of delivery for a full refund if they are in original condition and packaging. Customer is responsible for return shipping costs unless the return is due to our error. Custom framing, special orders, and personalized items are non-refundable unless defective.

Digital downloads and licensing agreements are non-refundable once delivered. If you experience technical difficulties with digital downloads, please contact us within 7 days for assistance. Refunds for services or workshops may be subject to different terms as specified at the time of purchase.

Intellectual Property Rights

All content on this website, including but not limited to photographs, text, graphics, logos, icons, and software, is the exclusive property of Martin Quinn Photography and is protected by United States and international copyright laws. The compilation of all content on this website is also protected by copyright law.

The Martin Quinn Photography name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Martin Quinn Photography. You may not use such marks without our prior written permission. All other trademarks not owned by us that appear on this website are the property of their respective owners.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms of Service. By using this website, you consent to our collection and use of personal information as outlined in the Privacy Policy.

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Limitation of Liability

To the fullest extent permitted by applicable law, Martin Quinn Photography shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the website or services.

In no event shall our total liability to you for all damages exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Martin Quinn Photography and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your use of the website, violation of these Terms of Service, or infringement of any intellectual property or other rights of any person or entity.

Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any dispute arising from or relating to the subject matter of these Terms of Service shall be finally settled by arbitration in Phoenix, Arizona, in accordance with the Rules of the American Arbitration Association.

The arbitration award shall be binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief.

Modifications to Terms

We reserve the right to modify or update these Terms of Service at any time without prior notice. Your continued use of the website after such modifications constitutes your acceptance of the updated terms. We recommend that you review these terms periodically to stay informed of any changes.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect and enforceable.

Contact Information

For questions about these Terms of Service, please contact us through ourcontact page. We aim to respond to all inquiries within 48 hours during regular business days.

Martin Quinn Photography
Phoenix, Arizona, United States
Email: info@martyquinn.com