ERIC AGUAYO PHOTOGRAPHY



TERMS OF SERVICE


Welcome to Eric Aguayo Photography ("we", "us", "our", "Eric Aguayo", "Photographer"). By accessing this website and using our services, you agree to comply with and be bound by the following terms and conditions of use. Please read these terms carefully before using our website.


1. Use of Website



  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.


2. Copyright & Display


  • All photographic materials, digital files and content created by Eric Aguayo are intellectual property and are protected under U.S. copyright laws and international conventions. No portion of the photographer's works or materials, including, but not limited to, may be sold, downloaded, reproduced, manipulated, linked to, published, or transmitted to a 3rd party, without written consent from Eric Aguayo. Unauthorized and unlawful use of any images or materials created by the photographer may give rise to a claim for damages and or/be a criminal offense.
  • Eric Aguayo reserves the right to reproduce and/or display all photographic materials for portfolio, website, social media, self-promotion, advertising, or any other lawful publication.


3. Licensing and Usage


  • Clients who have purchased portraits (e.g., actors, corporate professionals, business professionals, performers, models, social media users) are authorized to use the images for personal and promotional purposes exclusively. This includes, but is not limited to, uploading them to personal or company websites (or websites of representatives), submitting them for potential work or representation, sharing them on social media or industry-related websites and using them in event promotional materials and displays.
  • For editorial publication, the client is required to request that a credit for the photographer be placed next to the photograph upon publication (e.g., © Eric Aguayo). However, the client shall not be held liable if the publication chooses to refuse or omit the credit.
  • The Client or any third party may not sell or use the photographs for commercial purposes without obtaining written consent from the photographer.
  • Any unauthorized and unlawful use of photographs from this website is strictly prohibited.


4. Booking, Rescheduling & Cancellations


  • All bookings require a non-refundable booking fee or 50% down payment, along with full acceptance of the terms and conditions published on the photographer’s website.
  • The Client agrees to sign a session service contract that defines the terms and conditions of the photography services, including image usage rights, cancellation policies, and other pertinent details.
  • Clients are required to provide advance notice of at least 24 hours prior to the scheduled appointment time to request a reschedule. Reasonable efforts to accommodate a new appointment time will be made, subject to availability.
  • In the event of a cancellation or "no-show," the booking fee or 50% down payment is non-refundable. However, it can be transferred to a future appointment if rescheduled.


5. Client Session Responsibilities


  • Assistance and Cooperation: The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to posing, selecting scenes, and participating in pre-shoot consultations as necessary.
  • Photographs Not Taken: The Photographer shall not be responsible for photographs not taken if such failure is due to the Client’s failure to provide reasonable assistance or cooperation.
  • Timeliness: The Client agrees to be punctual and timely for all scheduled photography sessions to ensure the Photographer can fulfill their obligations effectively.
  • Additional Costs: Any delays or additional time required due to the Client’s failure to cooperate may result in additional charges at the Photographer’s discretion.
  • Communications: The Client agrees to communicate promptly and clearly with the Photographer regarding any preferences, changes, or concerns related to the photography session.
  • Safety and Compliance: The Client agrees to ensure a safe environment and compliance with any legal requirements necessary for the photography session, including permissions for locations and individuals involved.
  • Final Image Selection: The Client understands that the Photographer will use their professional judgment in selecting final images and may not provide every photograph taken during the session.
  • Feedback and Approvals: The Client agrees to provide timely feedback on proofs or previews provided by the Photographer and to promptly approve final images or request any necessary revisions within the agreed-upon timeframe.
  • Liability: The Photographer shall not be liable for any issues arising from the Client’s failure to adhere to these responsibilities and cooperation terms.


6. Force Majeure



  • In case the photographer cannot fulfill their duties due to events beyond their control (like acts of God, war, terrorism, natural disasters, government regulations, or other unforeseen events collectively referred to as "Force Majeure"), their obligations will be paused for the duration of such events. If the photographer cancels or, in rare cases, experiences complete photographic failure, liability will be limited to a full refund of any fees paid.


7. Links to Other Websites


  • This website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).


8. Privacy



9. Changes to Terms


  • We may revise these terms of service at any time without notice. By using this website, you are agreeing to be bound by the current version of these terms of service.


10. Governing Law


  • These terms and conditions are governed by and construed in accordance with the laws of the United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State/Country.


Contact Us

If you have any questions about these terms of service, please contact us.



TERMS OF SALE


Thank you for choosing Eric Aguayo Photography. By placing an order on ericaguayophotography.com, you agree to adhere to the Terms of Sale outlined below. Please review these terms carefully as they may be updated periodically. Our website is located at https://www.ericaguayophotography.com.


1. Copyrights and Trademarks


All materials featured on ericaguayophotography.com, including images, text, logos, graphics, and design elements, are the exclusive property of Eric Aguayo Photography. Unauthorized use of these materials may violate copyright, trademark, and other applicable laws and could result in legal penalties. You may use the content on ericaguayophotography.com solely for the purpose of shopping or placing an order on this site.


2. Disclaimer and Limitation of Liability


Due to the custom nature of our products and the potential for fraud, all sales made through ericaguayophotography.com are final and non-refundable unless otherwise specified. We will replace items damaged during shipping or those that do not meet your order specifications within a 14-day return period. Eric Aguayo Photography makes no warranties, express or implied, regarding the products sold on this site, including but not limited to merchantability or fitness for a particular purpose. Our liability is limited to the purchase price of the product.


3. Order Acceptance Policy


Submitting an order or receiving an order confirmation does not constitute acceptance of your order by Eric Aguayo Photography. We reserve the right to reject or cancel any order at our discretion, regardless of order status or confirmation.


4. Return Policy


To be eligible for a replacement, please notify us of any damaged items or orders that do not meet specifications within 14 days of receipt. Return the items in their original packaging with shipping prepaid by the customer.


5. Shipping Policy


Eric Aguayo Photography is not responsible for lost or stolen packages once they have been delivered to the shipping carrier. Upon dispatch from our printing lab, you will receive confirmation of shipment.


6. Sales Policy Agreement


By placing an order on ericaguayophotography.com, you agree to abide by these terms and conditions. Your payment authorizes Eric Aguayo Photography to collect the total amount due via the specified payment method. We reserve the right to update these terms at any time.


7. Privacy & Security


We prioritize the protection of your personal information and do not share it with third parties for marketing purposes. Information collected during your transaction is used solely for order processing and customer service.


8. License



All images sold on ericaguayophotography.com are copyrighted by Eric Aguayo Photography and may not be reproduced or used for commercial purposes without explicit permission.


9. Additional Terms



  • Product Descriptions and Accuracy: While we strive for accuracy in product descriptions and images, variations may occur due to differences in monitors or printing processes. Slight variations do not constitute grounds for a refund or return.
  • Customer Responsibilities: Customers are responsible for ensuring the accuracy of shipping information provided during checkout and must promptly notify us of any issues with their order upon receipt.
  • Limitation of Liability for Digital Products: For digital downloads, customers are responsible for safeguarding their download links. We disclaim liability for any loss or damage to downloaded files after successful delivery.
  • Termination of Services: We reserve the right to terminate services, such as access to digital downloads, in cases of suspected fraud, unauthorized use, or violation of our terms and conditions.
  • Indemnification: Customers agree to indemnify and hold Eric Aguayo Photography harmless from any claims, losses, or damages arising from their use of our products, including copyright infringement resulting from misuse of purchased images.
  • Dispute Resolution: Any disputes arising out of or relating to these Terms of Sale or the products purchased from Eric Aguayo Photography shall be resolved exclusively in the state or federal courts located in New York, and you consent to the jurisdiction and venue of such courts.
  • Updates to Terms: Customers are responsible for reviewing our Terms of Sale periodically for updates or changes, effective upon posting to our website.


Contact Us

If you have any questions about these terms of sale, please contact us.


PRIVACY POLICY


Eric Aguayo Photography ("we", "us", "our", "Eric Aguayo", "Photographer") is committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit ericaguayophotography.com, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Site"). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.


1. Information We Collect


  • Personal Information: We may collect personal information from you such as your name, email address, and phone number when you contact us or submit inquiries through our website.
  • Usage Data: We may also collect non-personal information about your visit to our website, including the pages you viewed, the links you clicked, and other actions you take.
  • Cookies: Like many websites, we use cookies to enhance your experience and gather information about visitors and visits to our website. Please refer to the "Cookies" section below for more information about how we use cookies.


2. Use of Information


We may use the information we collect in the following ways:


  • To respond to your inquiries and provide you with information about our services.
  • To improve our website and enhance your experience.
  • To analyze trends and gather demographic information.
  • To comply with legal obligations.


3. Disclosure of Information


We may disclose your information to third parties only in the following circumstances:

  • With your consent.
  • To comply with legal obligations.
  • To protect and defend our rights and property


4. Security of Information



We use reasonable measures to protect the information collected through our website. However, please be aware that no method of transmission over the internet or method of electronic storage is completely secure.


5. Your Rights


You have the right to:


  • Access the personal information we hold about you.
  • Correct any personal information we hold about you that is inaccurate or incomplete.
  • Request the deletion of your personal information.


6. Changes to This Privacy Policy



We may update this Privacy Policy from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons.


Contact Us

If you have any questions about this Privacy Policy, please contact us.