Terms & Conditions

 

Use of Ellie Teramoto Photography Website

All images on this website (www.ellieteramoto.com) and rights relating to them remain the sole and exclusive property of Ellie Teramoto Photography. Any use or distribution of any images from this site without purchasing a license is strictly prohibited.

 

Purchase of prints and products

By purchasing the print(s) or(and) the product(s) of the images from Ellie Teramoto Photography, you agree (i) not to scan, duplicate or reproduce the print(s) or(and) the product(s) ; and (ii) to use the print(s) or(and) the product(s) solely for the purpose of personal or decorative use, not for commercial, advertisement, promotional, or merchandising use, unless an exceptional agreement is made between the purchaser and the photographer.

Cancellation / Refund / Exchange of the order of prints and photo products:

[1] Standard Order(s)

If you placed an order of print(s) or(and) photo product(s) that did not require customizations or personalizations and then decide that you would like to cancel the order, please first inform Ellie Teramoto Photography as soon as possible. If you cancel the order before it has been printed and dispatched, you will receive a 100% refund. If however you cancel your order after it has been dispatched or if you are not satisfied with your purchase, you must first notify Ellie Teramoto Photography of your return/exchange request and send the item(s) back in their original condition at your own expense within 30 days after your purchase. Ellie Teramoto Photography will replace the item(s) or issue a full refund excluding shipping charges once the item(s) are returned in their original condition.

*An insured and trackable return is highly recommended. Ellie Teramoto Photography is not responsible for any loss or damage of the returned item(s) during the transit, and will not issue any refund in such cases.

[2] Custom Order(s)

If you placed an order or made a deposit payment for print(s) or(and) photo product(s) that involved customizations and personalizations and then decide that you would like to cancel the order, please first inform Ellie Teramoto Photography as soon as possible. If you cancel the order before any custom arrangements are initiated, we will provide a 100% refund. If you however cancel the order afterwards, the payment is going to be non-refundable and becomes a store credit that can be used to purchase any print(s) or photo product (s) from Ellie Teramoto Photography anytime in the future. The store credit can be used once the item(s) are returned (if delivered already) in their original condition. We cannot provide the shipping or delivery cost to return the item(s).

*An insured and trackable return is highly recommended. Ellie Teramoto Photography is not responsible for any loss or damage of the returned item(s) during the transit, and will not issue any refund in such cases.

Delivery Information:

Depending on the product you choose, it may take up to 10 business days to process your order. The processing time does not include the delivery time. If you are in a rush, please email to [email protected].

If any items arrive damaged, please email to Ellie Teramoto Photography immediately with the status of your goods and a photo of the damaged item and packaging. Ellie Teramoto Photography will work with the carrier and process the refund or replacement.

For a delivery outside of the United States, Ellie Teramoto Photography is not responsible for any customs and import taxes that may apply or any delays due to customs.

 

Purchase of Rights Managed (RM) Image Usage License:

By purchasing the Rights Managed (RM) License(s), you agree that the images under this license(s) are non-exclusive, non-assignable and non-sublicensable, limited to the agreed use type, market territory, relative image size in layout, the number of displays, the duration of the use and any other restrictions specified in the Image License Agreement(s).

Once a digital image has been downloaded from this website, there are no refunds or cancellations for that order. You authorize Ellie Teramoto Photography to charge you for downloading the Image(s) and accept the terms stated within the Image License Agreement upon ordering the Image(s).

 

[1] Definition: “Image(s)” means all visual representations furnished to you (Licensee) by Ellie Teramoto Photography (Licensor,) whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified in the usage term, Licensor may deliver, and Licensee agrees to accept, Images encoded in an industry-standard data format that Licensor may select, at a resolution that Licensor determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Licensee’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Licensor’s sole obligation will be to replace or repair the data, but in no event will Licensor be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Licensor has no obligation to retain or archive any of the Images after they have been delivered to Licensee. Licensee is responsible for sending an authorized representative to the assignment or for having an authorized representative review the Images remotely during the assignment. If no review is made during the assignment, Licensee is obligated to accept Licensor’s judgment as to the acceptability of the Images.

[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Licensor. No rights are transferred to Licensee unless and until Licensor has received payment in full. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. All fees and expenses payable under this agreement are required irrespective of whether Licensee makes actual use of the Images or the licenses to use them. Any additional usages require prior negotiation with Licensor.

[3] Alternation: Licensee may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made. Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, subject to the provisions as stated in [4] below.

[4] Indemnification: Licensee will indemnify and defend Licensor against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Licensee. Unless delivered to Licensee by Licensor no model or property release exists, and it is Licensee’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Licensor. It is Licensee’s sole responsibility to determine whether any model or property releases delivered by Licensor are suitable for Licensee’s purposes. Licensor’s liability for all claims shall not exceed in any event the total amount paid under the invoice.

[5] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer specified in the Image License Agreement, unless otherwise noted. If no placement of a credit or copyright notice is specified, no credit or notice is required. If a credit is required but not actually provided, Licensee agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.