TERMS APPLICABLE TO SALES OF PRODUCTS AND SERVICES ("TERMS OF SALE")


These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums, DVDs, and/or other Products or Services through James M. Drake Media, LLC ("the studio"). Other than as specifically provided in any separate written agreement between you and the studio, 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.

James M. Drake Media, LLC facilitates your purchase of Photos, Prints, Canvases, Albums, DVDs and/or other Products or Services through its relationship with the studio's vendors.  If you purchase Photos, Prints, Canvases, Albums, DVDs and/or other Products through the studio, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such vendors, and the studio's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

 

1. Pricing; Payment Terms

In order to purchase Products or Services through James M. Drake Media, LLC, you are required to provide valid Payment Information as required by the studio.  James M. Drake Media, 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 studio's request.  You agree to reimburse the studio for any and all costs incurred in collecting amounts owed by you to the studio or a studio 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 studio 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 James M. Drake Media, LLC reserves the right to collect the taxes or other related fees from you at any time.  In certain jurisdictions, the studio 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. Digital Content; Shipping Terms and Policies

If you purchase Digital Content or it was included in your contract, such download will be made available to you through the Services upon the studio's receipt of your valid Payment Information.

If you purchase Photo prints, Canvases, Albums, DVDs or other physical medium Products, the studio will use its commercially reasonable efforts (and the studio'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.  James M. Drake Media, LLC is not responsible for any delays in shipping.  James M. Drake Media, LLC or James M. Drake 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 invoice and can be viewed prior to finalizing your order.  The shipping charge shown during the purchase process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown on your invoice, the studio will contact you with the correct shipping costs before processing your purchase, and you will have an opportunity to cancel your purchase.

 

3. Return/Refund Policy

All deposits for Services are refundable for 7 days from the time of booking.  Other payments are refundable if cancelled at least 48 hours prior to the scheduled time of Service. If you need to reschedule your Service, we will accommodate the change, provided that the new date and time do not conflict with our schedule. If we are unable to provide coverage at the new date and time, the refund policy stated above will apply. In the event we agree to a rescheduled date for the Service, the prices listed above may be modified by James M. Drake Media, LLC to our then-current market rate and/or the studio reserves the right to recoup any fees already paid to the studio's photographers or filmmakers for rescheduled services.  

James M. Drake Media, LLC guarantees your satisfaction with any Products that you purchase through James M. Drake Media, LLC.  If you are unsatisfied with any Photos, Prints, Canvases, Albums, DVDs and/or other Products you have purchased through the studio, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product.  Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer.  We do not provide refunds for your original shipping cost unless your order is physically defective in some manner.  If you are unsatisfied with a Product that is not in a physical medium form (i.e., a download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances.  To request a refund or replacement for any Product, please contact James M. Drake Media at support@jamesmdrakemedia.com.  Please do not contact your credit card company to dispute a charge before contacting James M. Drake Media, LLC.

 

4. Product Availability and Pricing

James M. Drake Media, LLC or James M. Drake 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.

 

5. Product Descriptions; Pricing; Errors

James M. Drake Media, LLC strives to maintain accurate information and to eliminate any errors.  However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums, DVDs and/or other Product pricing or other studio 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 or Video depends on the settings of your computer or television screen and we cannot guarantee that your computer or television will accurately display all Photo or Video colors.  The studio or the studio's Vendor reserves the right to format, manipulate or otherwise modify Photos or Videos as may be required to satisfy a particular order.  If a Product offered by the studio is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt.  In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, James M. Drake 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.

 

6. Disclaimer of Warranties

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND James M. Drake Media, LLC'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE PHOTOGRAPHY STUDIO 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.

7. Limitation of Liability

The liability of James M. Drake Media, LLC and any of its third party service providers shall be limited only to the purchase price for the services provided. You agree to release and hold harmless James M. Drake Media, LLC and any of its third party service providers from any and all other claims arising out of this agreement. James M. Drake Media, LLC may terminate this agreement for convenience by giving you notice of termination at least 48 hours prior to your Service. Upon such termination, James M. Drake Media, LLC shall pay to you a full refund of any amounts previously paid by you to James M. Drake Media, LLC under this agreement. In the event of such termination, you agree that James M. Drake Media, LLC shall not be liable for any indirect, incidental, special or consequential damages of any kind, and that the total liability of James M. Drake Media, LLC shall be limited to such full refund amount.

James M. Drake Media, LLC and any of its third party service providers will not be liable or otherwise responsible for any failure or delay in providing its services under this agreement due to any events beyond the reasonable control of the studio including, but not limited to, acts of God or elements of nature (including fire, flood, earthquake, storm, hurricane, or other casualty), war, civil commotion, labor disputes, strikes governmental regulation or restriction and weather conditions.

You hereby grant James M. Drake Media, LLC permission to use copies of the photographs and video(s) produced for you under this service agreement, including your image, likeness and voice contained therein, for limited marketing purposes in perpetuity.

You are responsible for any and all permits, licenses and approvals needed for the studio to photograph and perform photography and video services, if applicable, at any location. The filmmaker and/or photographer are not responsible for lighting restrictions imposed at any of the venues chosen for your Service, whether known or unknown by you prior to your Service. They will make every professional effort to maximize the quality of image given the environment in any location that you have chosen, but we are not liable for circumstances outside of our control.

 

DIGITAL IMAGE LICENSING

Digital Downloads may be included as part of the initial service contract or purchased from James M. Drake Media, LLC. James M. Drake Media, LLC grants buyer a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) or video(s) subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of the Media. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the studio. There are no warranties, express or implied. The Media are provided 'as is.'

Neither James M. Drake Media, LLC nor James M. Drake 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.

 

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:

Buyer may not:

·         Resell, re-license, sub-license, redistribute without express written permission from the photography studio. 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. James M. Drake Media, LLC retains all rights, license, copyright, title and ownership of the Media.

 

Contacting us:

James M. Drake Media, LLC
P.O. Box 3597

Chester, VA 23831