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Lodestone Gallery & Framing Terms of Use

Welcome to the Lodestone Gallery & Framing, Inc. (the “Company,” “we,” “us”) website. This Terms of Use Agreement (the “Agreement”) explains the terms and conditions governing your use of our website (the “user,” “you”). By utilizing our website you are deemed to have read and agreed to these terms of use. If you do not wish to be bound by these terms and conditions, please refrain from utilizing our website as these standards are applicable to all users. The user agrees to use this website according to the instructions as posted on the site and to be bound be this agreement.

The User asserts that they have the legal ability to enter into this Agreement, and any resulting contracts for purchase. The User also agrees that they will pay for all goods or services ordered, as denoted elsewhere within this website. By accessing or utilizing this website, the user certifies that they are over 18 years of age. The user further certifies that they have the legal ability to enter into a legally binding and enforceable agreement whether as a natural person or, if acting on behalf of a business entity, that they have the legal authority to bind the business entity that they are acting on behalf of.

Any person who does not have the authority to enter into a legal transaction conducted on this site, for another legal entity, shall be held individually and personally liable for all resulting transactions conducted by the user on behalf of the legal entity. If you do not have the legal authority to enter into this binding agreement, please exit this website now. Otherwise, you are representing that you do have such authority by proceeding further.

If no price is listed or posted for a product on this website, the product is to be considered unavailable for purchase and is not for sale.

The Company and User understand and agree that this website is intended for use via Internet access and that the Company is not liable in the event this mode of communication fails or does not perform as intended. Specifically, but not limited to, if an order is not received by the Company they are not liable for any failure to provide the goods or services ordered or any resulting damages or resulting financial consequences.

By utilizing this site, the user grants the Company a license  (permission) to use anything the user submits or posts to the site, as the Company deems appropriate. 

The Company asserts any and all copyright or trademark protections available to it. The user agrees that the user will not copy materials on this site. The user further agrees to not, directly or indirectly, reverse engineer any products offered on this site. The user acknowledges that products or services offered on this site are the owned by the Company or third parties and may also be protected by copyright, trademark or other similar operations of law.

The Company honors the intellectual property of others.  If you believe your intellectual property rights have been infringed on our site, please contact us at our listed address.  Please state the reasons you believe an infringement has taken place.  Upon receiving a bona fide claim of infringement, or upon being made aware of any actual or alleged infringement, we will remove the material from our site pending an investigation into the claim.   

The User agrees and represents that they are not utilizing this website, or any products or services offered herein, for any illegal, fraudulent, or otherwise legally improper activity. The user specifically agrees that they are truthful in any and all information that they disclose on this website. The User also assures the Company that any method of payment offered for goods or services is not fraudulent or illegal.

Although we do not regularly review the material submitted to our site, we retain the right to refuse to process orders that we find objectionable for any reason.  By submitting content to this site, you represent that you have the necessary rights to use the content you submit to this site.  You agree to hold us harmless from any claims relating to content submitted to this site.  You also agree the Company has the right to use such content royalty free, perpetually and irrevocably. 

The user hereby acknowledges that they are entering this site for the intent of possibly purchasing products or services offered herein and furthermore agrees to pay for all products or services ordered through this site by the user. The user agrees that they will not cause, directly or indirectly, to use the website materials, products or services to violate any applicable laws.

Submitting content to this site is at the risk of the user, and you understand that you are solely responsible for any loss or damage to your content, system, or data that may result from uploading or downloading material.  We encourage you to make a backup of any content submitted to this site.

The user will not disclose their password, if one is issued by the Company, or any otherwise confidential data to others for use and that if a third party utilizes such information to access this site the user agrees to be fully liable for such use as a result of the disclosure of information.

We make every attempt to describe products and services on our site as accurately as possible.  However, we do not warrant that material on our site is error-free.  We not obligated to honor typographical errors in prices.  Our inventory list is the definitive price guide.  Nor do we warrant that other product or service information is complete, reliable, or current.  If a product or service offered by us and purchased by you is not as described, your sole remedy is limited to a refund or credit of the price you paid, upon return of the product in an unused condition.

The Company hereby asserts limits on its liability. The parties agree that there is an express waiver of warranties that are or may be implied by law. Only express warranties made by The Company shall be enforceable by the user. The user agrees that The Company may only be held liable for failure to honor a bona fide sale and improperly retaining funds received from the user for the purpose of purchasing product(s) or service(s) offered on this site. In no manner shall the Company’s liability exceed the price of the goods or services ordered in a bona fide sale.

The user agrees that this site is the property of the Company and that use of the site is at the complete and sole discretion of the Company. The User agrees and accepts that any use may be terminated by the Company at any time based on the Company’s sole discretion. The Company reserves the right to alter product offerings or prices at any time, as the Company deems appropriate. 

You consent to receive communications from us by e-mail.  You agree that any items we send to you electronically satisfy any legal requirement that communication be in writing.

The user agrees that any and all disputes, including litigation, may only be raised in the State of Arizona, County of Maricopa; and that such disputes shall be resolved based on the relevant law in this jurisdiction.

The user hereby acknowledges that they are entering this site while the user is located in the United States of America and that access or utilization of this site by persons outside of the United States of America is expressly prohibited. The laws of foreign jurisdictions shall not be applicable to transactions conducted through this site.

The Company reserves the right to modify this Agreement at any time and that when posted to this website the revised terms of use will be in effect and apply to all subsequent activities.  If any of the terms or conditions in this agreement shall be deemed invalid, void, or for any other reason unenforceable, that shall not affect the validity and enforceability of remaining terms or conditions.

Terms of Use - Customer Copyright Information

What is Copyright?

the U.S. Constitution and the Federal Copyright Act give "copyright" protection to "authors" for their "original works," such as photographs. Among the protections that copyright owners have are the exclusive right to:
  1. Make Copies of the work
  2. Prepare other works based on the original
  3. Distribute copies of the work to the public by sale, rental, lease, or lending
  4. To publicly perform and display the work
These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab are subject to the law.

Who Owns What?

The law says the "author" is the owner of the copyright. The author of a photo or image is usually the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. If that photographer is an employee of a studio or other person in the business of making photos, the his or her employer is considered the author.

Prior to 1978, court cases said a customer who commissioned a photo was the employer of the photographer, so customers could get reprints made without any problem. In 1989, the U.S. supreme Court said that was no longer true. To be an employee, the court said a person would have to be considered an employee under that traditional tests such as are used to impose payroll taxes, social security, and similar laws. That is not the usual customer-photographer relationship.

Why All the Fuss?

The primary reason is economic. Photographers feel that they invest a lot of time and creative energy in getting the experience, and setting the camera, pose, lighting, background and extra shots to get the right one. They generally price their services by taking into account the fact that customers will purchase their prints from the photographer. If the prints are obtained elsewhere, the photographer loses the opportunity to recover a fee for the effort expended. Thus, the photographer wants the customer to come to him or her to request reprints so an appropriate fee can be charged.

Some photographers charge a realistic fee "up front" to compensate for their services, whether or not prints are ordered. They may authorize the customer to have the prints made anywhere.

Some photographers also are concerned about artistic integrity. Since their name is associated with the photos, they want control over how the reprints look. There may be many other reasons. You are encouraged to discuss these issues with your photographer. That way his or her position can be fully explained, and you can obtain the additional copies you desire.

How Can I Get Copies Made?

If we cannot make the copies for you, go to your photographer and request them. A professional photographer will do their best to see that your needs are met. If they cannot make the copies, they may authorize us to make them. A consent form is available for you to take to the photographer.

Are There Any Exception?

Generally, no. In some unique circumstances, we may be able to consider special requests. We will gather the information, investigate to the extent necessary to see if permission can be obtained, and make a decision based on our best judgment of how the law applies. Please understand if we tell you that we cannot make the copies. It is our legal obligation to protect the photographer to the extent possible, and to keep you and ourselves from incurring liability.

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