Website Terms of Use

Our Copyright Notice

Website Terms of Use & Copyright Notice

Terms of Use of Website and Website Materials

This Website is an online service owned and operated by The Photography Alchemist, LLC and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Website Terms of Use: Use of this web site demonstrates an understanding of these terms and implies that you understand and agree with them. The contents of this website, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski, and/or it’s affiliates or its content suppliers, clients, or third parties. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski and/or it’s affiliates and is protected by US and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any personal, public or commercial purpose. You shall not copy or adapt the HTML code that The Photography Alchemist, LLC, and/or its affiliates creates to generate its pages. The content on this site is also protected by The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski and/or its affiliates Copyright.

Copyright of Photographs

All images appearing in this website are the exclusive property of John Naschinski and are protected under the United States and International Copyright laws. The images may not be reproduced, copied, transmitted or manipulated without the written permission from John Naschinski.

Use of any image as the basis for another photographic concept or illustration (digital, artist rendering or alike) is a violation of the United States and International Copyright laws.

Please note that the images appearing on this website make use of a digital technology that automatically crawls the web to locate images being used online. If a copyright infringement is found we will seek full damages as allowed under the Copyright Law of the United States of America.

All images are copyrighted © John Naschinski 1980 –, All Rights Reserved. All inquiries regarding usage rights must be directed to The Photography Alchemist, LLC and ColoradoPhotoSource.com, using the contact form, which can be accessed by clicking here.

You agree to indemnify, defend and hold harmless ColoradoPhotoSource.com, John Naschinski, The Photography Alchemist, LLC, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement. If you do not agree to these terms, do not use this Site.

All materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or licensed by John Naschinski, The Photography Alchemist, LLC, IMCD of Colorado, Inc and/or its affiliates, its affiliates or its suppliers. (c) 1980- Copyright John Naschinski, The Photography Alchemist, LLC, IMCD of Colorado, Inc, All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at Website is permitted without the written permission of IMCD of Colorado, Inc, The Photography Alchemist or John Naschinski,

Trademarks referenced on the Website are the registered trademarks of the respective website owners.

Pursuant to Title 17, United States Code, Section 512(c)(2)-(4), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Any rights not expressly granted herein are reserved.

 

Third-Party Information

All information published by The Photography Alchemist, LLC, ColoradoPhotoSource.com, John Naschinski and/or its affiliates, it partners, or third parties is subject to change without notice. The Photography Alchemist, LLC, and/or its affiliates is not responsible or liable for any errors, omissions, or damages of any kind resulting from access to its Internet resources, or provided by its users, partners, or third parties. A third-party link is provided for additional reference only and all efforts have been made to provide authorship and source origination. The Photography Alchemist, LLC, and/or its affiliates is not responsible for the content or functionality of any website published outside of our domain, including resources reached through links from or to us. Additionally, a link to a non-The Photography Alchemist, LLC, and/or its affiliates website does not imply that The Photography Alchemist, LLC, and/or its affiliates endorses or accepts any responsibility for the content, or the use, of such website.

Confidential Information

The Photography Alchemist, LLC, ColoradoPhotoSource.com, and/or its affiliates does NOT want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to The Photography Alchemist, LLC, and/or its affiliates will be deemed NOT to be confidential-except for any information that our privacy policy deems confidential such as financial information required to process a job posting. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Verification of Information

The data of this website is provided on an “as is” basis and for information and reference purposes only. We do not claim to review the accuracy of information and other materials available online about the clients that utilize its services. All those that review this site should take the appropriate precautions to verify all information. Neither The Photography Alchemist, LLC, and/or its affiliates can be held liable for typographical errors, layout error, or misinformation contained herein.

Privacy Policy

This Privacy Policy governs the manner in which The Photography Alchemist LLC, collects, uses, maintains and discloses information collected from users (each, a “User”) of the ColoradoPhotoSource.com website (“Site”). This privacy policy applies to the Site and all products and services offered by The Photography Alchemist LLC and ColoradoPhotoSource.com.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

The Photography Alchemist, LLC may collect and use Users personal information for the following purposes:

To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.

To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

To improve our Site
We may use feedback you provide to improve our products and services.

To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.

To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, special offers etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes to this privacy policy

The Photography Alchemist, LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

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.

TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)

These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases and/or other Products through The Photography Alchemist, LLC’s online store. Other than as specifically provided in any separate written agreement between you and The Photography Alchemist, LLC, 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.

The Photography Alchemist, LLC facilitates your purchase of Photos, Prints, Canvases and/or other Products through its relationship with The Photography Alchemist, LLC’s vendors. If you purchase Photos, Prints, Canvases and/or other Products through the online store, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and The Photography Alchemist, LLC’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

Licensing:

When you purchase any Photos, Prints, Canvases and/or other Products through The Photography Alchemist, LLC’s online store you are granted a limited, non-exclusive license to display these Photos, Prints, Canvases and/or other Products in your home, office, building or place of business. The Photos, Prints, Canvases and/or other Products offered on this website may not be copied, duplicated or distributed in any form and may not be used in any form of promotion or advertising whether it be for personal, non-commercial or commercial purposes, including but not limited to syndication to third parties.

1. Pricing; Payment Terms

In order to purchase Products through the The Photography Alchemist, LLC’s online store, you are required to provide valid Payment Information as required by the online store. The Photography Alchemist, LLC may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon The Photography Alchemist, LLC’s request. You agree to reimburse The Photography Alchemist, LLC for any and all costs incurred in collecting amounts owed by you to The Photography Alchemist, LLC or their 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 Photography Alchemist, LLC’s Vendors 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 The Photography Alchemist, LLC’s Vendors reserve the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, The Photography Alchemist, LLC’s Vendors 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.

2. Shipping Terms and Policies

If you purchase Photo prints, Canvases, Albums or other physical medium Products, the The Photography Alchemist, LLC’s Vendors will use its 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. The Photography Alchemist, LLC and its Vendors are not responsible for any delays in shipping. The Photography Alchemist, LLC or their 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 Photography Alchemist, LLC will contact you with the correct shipping costs before processing your order. You acknowledge that we are not responsible for verifying the authority of the signatory taking receipt of the goods.

3. Return Policy

In the very rare case your product is damaged during shipping, please contact us within 14 days of receipt so that the shipper may verify the shipping damage. We will need pictures of the packaging and the product to prove a claim to the shipper. You will need to save every part of the packaging and product for the shipper’s investigation. At the print lab’s discretion, they will either remake the order immediately at no charge, or we will contact you to let you know we will need to bill you for the remake and then refund you if the vendor is able to make a successful claim with the shipper.

How To Report Shipping Damage:

If your product arrives damaged we offer a hassle-free process to speed replacement. Here’s how:

  1. Take a digital photo of your damaged product and the shipping container it arrived in (only if the package is also damaged).
  2. Attach your photos to an email and send to our email address. Please include your order number, shipping ID or item number, and a brief description of the damage.
  3. You will receive an email as soon as we are able verify the damage with the shipper confirming that your photo return is being processed.
  4. If your photo return is confirmed, you do not need to mail back your product. We will process the replacement based on your photos.
  5. Please note: If the damage or quality issue is not apparent in the photo, you may be required to return the item at your expense or have the shipper visually inspect the pacakge before the return can be processed. If we need the photo returned the photo must be returned in the same condition as they were originally dispatched and received by you. All items must be returned with tracking details.

4. Product Availability and Pricing

The Photography Alchemist, LLC or The Photography Alchemist, 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.

5. Product Descriptions; Pricing; Errors

The Photography Alchemist, 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 and/or other Product pricing or other 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 Photography Alchemist, LLC and thier Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order.

Liability

The Photography Alchemist, LLC, ColoradoPhotoSource.com, and/or its affiliates and its suppliers and affiliates in any circumstance or event will NOT be liable to any party for any direct, indirect, particular or subsequent damages for any use of this website, or on any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

Contacting Us:

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

The Photography Alchemist, LLC
(303) 990-9721

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