Thanks for visiting JaymiHeimbuch.com. Throughout these Terms and Conditions the terms “we” and “our” will refer to JaymiHeimbuch.com.
It is important to us that you have the best possible experience while using JaymiHeimbuch.com website (“this website”) and that you are aware of the terms and conditions that apply to your use of this website. By using this website, you are agreeing to be bound by the following Terms and Conditions and any additional policies and practices set forth by this website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.
If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.
Photographs and Other Products
All the photographs featured on this website were created by Jaymi Heimbuch and are the exclusive property of Jaymi Heimbuch. Photographs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests.
All refunds, returns, and/or exchanges are at the sole and exclusive discretion of Jaymi Heimbuch Photography, LLC, and we reserve the right to refuse to offer a refund, return or exchange for any reason or for no reason, including all instances of purchase of goods or services, whether for cause or not.
All of the content on this site, including the photographs and text, is owned by Jaymi Heimbuch and may not be used or reproduced without our prior written approval.
Reservation of Copyright and All Rights
All rights to all the images on this website are reserved by Jaymi Heimbuch and are protected by U.S. and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way without the prior written approval of Jaymi Heimbuch or authorized representatives,.
Purchase Does Not Convey Copyright
Your purchase of a print or other products from JaymiHeimbuch.com is a purchase of an authorized physical copy (or copies) of a photograph, not of copyright in that photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by Jaymi Heimbuch, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of Jaymi Heimbuch.
This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.
This means: You may not use any images from JaymiHeimbuch.com, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from Jaymi Heimbuch. Such prohibited uses include—but are not limited to—use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform (for example, Twitter, Facebook, and Instagram); on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications; in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph, does not exempt you from these restrictions, and is not permitted without prior written approval.
If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.
THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PRODUCTS PURCHASED FROM THIS WEBSITE ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABIILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, IN CONNECTION WITH THIS WEBSITE, THE CONTENT HEREIN, AND/OR THE PRODUCTS WE SELL AND/OR DESCRIBE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.
Neither we nor our representatives shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be filed only in the state of federal courts located in San Francisco County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.