JOHN WHITEHEAD IMAGES TERMS AND CONDITIONS
John Whitehead Images facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that John Whitehead Images role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.
PRICING & PAYMENT TERMS
Purchasing of Media, Products, and/or Services through John Whitehead Images online store requires that the customer provide valid Payment Information as required by the online store. John Whitehead Images reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon John Whitehead Images written request.
The TERMS OF SALE requires the customer agrees to financially reimburse John Whitehead Images for all costs incurred during the collecting of amounts owed by the customer to either John Whitehead Images attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that John Whitehead Images is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). John Whitehead Images reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, John Whitehead Images may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.
PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES
If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through John Whitehead Images 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.
If any physical Media and/or Product(s) are purchased, John Whitehead Images will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold John Whitehead Images reliable for any delays in shipping.
John Whitehead Images and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. 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, John Whitehead Images will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
John Whitehead Images guarantees the customer 100% satisfaction with any Media and/or Product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical Media and/or Product(s) purchased through John Whitehead Images's online store, John Whitehead Images will accept the return for any reason within thirty (30) days of your receipt of the Media and/or Product(s). Upon successful completion of the return process, and receipt of the returned product, the customer will have the option to either resend the purchased Media and/or Product or issue a full refund of the purchase price paid by the customer less shipping costs, unless the product has been determined to be physically defective.
If for any reason the customer is unsatisfied with digital Media and/or Product(s) (i.e., photo download, software preset, etc.), then at the customer’s request, John Whitehead Images may issue a full refund of the purchased price paid by the customer at the sole discretion of John Whitehead Images based on the circumstances. To request a refund or replacement for any purchased Media and/or product, please contact Customer Service on my contact page.
PRODUCT AVAILABILITY AND PRICING
John Whitehead Images and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case John Whitehead Images will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
PRODUCT DESCRIPTIONS, PRICING & ERRORS
John Whitehead Images endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, John Whitehead Images encourages the customer to report such issues to Customer Service on my contact page.
John Whitehead Images does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and John Whitehead Images cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.
John Whitehead Images and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.
In the event of any error, John Whitehead Images reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS OF PURCHASE. THIS CONSTITUTES THE EXTENT OF John Whitehead Images’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER.
DIGITAL IMAGE LICENSING
Digital Media and/or Product(s) may be available for purchase through the online store or through contract with John Whitehead Images. John Whitehead Images 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, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to John Whitehead Images. 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 John Whitehead Images 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).
A commercial license may be available upon request, and will require an additional contractual agreement between John Whitehead Images and the customer. Please contact John Whitehead Images on the Contact Page for more information.
CUSTOMER ALLOWABLE ACTIONS
Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:
The customer may display Product(s) and Media on personal websites and computers.
The customer may make images and or prints for personal use.
CUSTOMER BARRED ACTIONS:
Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:
The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from John Whitehead Images.
The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
The customer shall not incorporate the Media, Product(s), or John Whitehead Images brand or logo into any trademarks, logos, or service marks.
The customer shall not make any purchased Media or Product(s) available for download.
The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.