Terms of Service

Terms of Sale 

Thank you for shopping at Payne Photography LLC. By placing an order on our website, you accept the Terms of Sale set forth below. Please read through our terms thoroughly. These items may be updated at any time; please check back for updates. The website resides at:

https://paynevisuals.pixieset.com

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Copyrights and Trademarks 

All materials appearing on www.PayneVisuals.com are the property of Payne 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 the content of PayneVisuals.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 PayneVisuals.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 Payne Photography LLC.

The "Payne Photography LLC" logo is a trademark of Payne Photography LLC, as are all custom graphics, icons, and logos found on PayneVisuals.com.

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Disclaimer and Limitation of Liability 

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Payne Photography LLC on PayneVisuals.com are non-refundable.

Replacement items for damage in shipping or misidentified images will be honored within a 10 day return policy.

Payne Photography LLC makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site.

Payne 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 Payne Photography LLC arising from any product sold on this website shall be the price of the product ordered.

In no event shall Payne Photography LLC, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold.

You agree that Payne Photography LLC, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of PayneVisuals.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.

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Typographical and Photographical Errors 

Payne Photography LLC attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, I cannot guarantee that product descriptions/specifications, pricing or any other content on PayneVisuals.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 error, Payne Photography LLC shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.

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Order Acceptance Policy 

Your submission of an order and/or receipt of an order confirmation automated or otherwise does not signify my acceptance of such order. Payne Photography LLC reserves the right to cancel any order that I deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order.

We reserve the right to require additional information from you before accepting or processing any order.

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Jurisdiction 

Payne Photography LLC is a sole proprietorship with it's principle place of business in Denver, Colorado and you agree that any legal action brought against Payne Photography LLC shall be governed by the laws of the state of Colorado 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 PayneVisuals.com will be adjudicated in the county of Denver, Colorado by an appropriate federal or state court.

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Return Policy 

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Payne Photography LLC on PayneVisuals.com are non-refundable.

Replacement items for damage in shipping or misidentified images will be honored within a 10 day return for replacement period, unless otherwise noted. All returns for replacement must follow the conditions below:

• All products must be returned complete.

• Payne 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 & 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.

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Unauthorized Returns 

Shipments that are refused without authorization, or that are returned to us because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.

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Sales Policy Agreement 

By placing an order at Payne Photography LLC website, a customer has agreed to the terms and conditions of the sale as indicated on this website.

If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through Payne Photography LLC Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.

By placing an order at Payne Photography LLC website, a customer has agreed to the total dollar amount of the sale, and authorized Payne Photography LLC to collect payment via the payment method the customer specified.

Payne Photography LLC reserves the right to make changes to this site and these terms and conditions at any time.

** NOTE: Payne Photography LLC attempts to be as accurate as possible in our 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, Payne Photography LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

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DIGITAL IMAGE LICENSING

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Payne Photography LLC. Payne Photography LLC permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Payne Photography LLC. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.

Under this provision, neither Payne Photography LLC and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).

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