Dan Patterson Photography

Terms & Conditions

Thank you for choosing Dan Patterson Photography! Your access and use of the Dan Patterson Photography website (the "Site") and its services (the "Services"), means that you have read and agree to all of the terms of use set forth below (the "Terms"). The Terms are subject to change at any time. If you do not agree with these Terms, do not access the Site or use the Services. If you have any questions, feel free to contact Dan Patterson Photography at danpattersonphoto@gmail.com.

Definitions

The Photographer: Daniel Patterson and Dan Patterson Photography

The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

The Work: The photographic material created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media. When purchased, Client receives license for Royalty-free personal use. "The Photographer," who is the owner of the copyrighted photograph being purchased ("the Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use the copyrighted Work for personal non-profit purposes. You are prohibited from using the Work for any other purpose, including: using, reproducing, or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. The Photographer retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay The Photographer the amount specified, due and payable at the time of purchase. This Agreement shall be construed and enforced in accordance with the laws designated by The Photographer, now or in the future.

User Conduct

You will have the option of setting up a user account through the Site. By doing so, you agree that (a) you are at least 18 years of age and (b) you have provided true, accurate and current information about yourself when requested during the registration process (including your name and email address). You will be solely responsible for all activities conducted through your user account, including but not limited to any purchases from and submissions to the Site.

The Services and Products ("Products") offered on this Site are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products, and you may not access the Site or use the Services for any commercial purpose.

USAGE RIGHTS and OWNERSHIP

Client acknowledges that the Photographer is the author of the Work, and also the first and sole owner of all copyrights of the Work. The Work and all copyrights remain the exclusive property of the Photographer without limitation. 

Facebook Sharing and Other Social Media

It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Dan Patterson Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Dan Patterson Photography has uploaded to the Site or any social media. The Client can purchase photographs that do not have a watermark. You are permitted to click the “share” button on any photos posted to the Site or any of Dan Patterson Photography's social media pages . Sharing can NOT be done via screen shots of photos from the Site or Dan Patterson Photography's social media pages. 

Returns/Refunds

Dan Patterson Photography wants you to be 100% happy with your experience. All online orders are fulfilled through Bay Photo Lab. If you receive an order and it does not meet your expectations, contact Daniel Patterson at danpattersonphoto@gmail.com within 30 days of receiving your order with a detailed description of the problem. Once the problem is confirmed by Dan Patterson Photography, either a reorder or remake will be requested from Bay Photo Lab. 

GENERAL LIABILITY and RELEASES

Photographer will take all reasonable care in the production of the Work and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Work.

Client will indemnify, defend, and hold harmless, Photographer and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Work.

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Work unless specifically stated in this Agreement. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Privacy Policy

Click here to read the Privacy Policy and learn how personal information is collected and used.

acceptance of terms

Dan Patterson Photography reserves the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. All prices and features of the Site, Services and Products are subject to change without notice. The right is reserved to terminate your user account or your use of the Site and Services at any time without notice.

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. The Client is liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. 

This Agreement will be deemed to be a contract made under the laws of the United States of America and the state of Washington, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the district of King County, Washington. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of the Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, use of any of the Work by the Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.