Citrus Fruit Photography
Term & Conditions
Terms & Conditions
Citrus Fruit Photography
Last updated: September 12, 2022
The following TERMS & CONDITIONS (“Terms & Conditions”) are a legal and binding agreement between you and Citrus Fruit Photography LLC, a Utah limited liability company (“Citrus Fruit,” “we,” “our”, or “us”), governing your online use of our website available at citrusfruitphotos.com (the “Website”) and your orders for digital or hard-copy photographs and works of art we offer for sale on the Website (our “Products”).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU ACCESS OUR WEBSITE, REVIEW OUR PRODUCTS, OR PLACE AN ORDER. By placing an online order for our Products or by clicking “I accept” to the Terms & Conditions when this option is made available to you, you accept and agree to be bound by these Terms & Conditions and affirm that you are of legal age to enter into a binding agreement with us.
1. CHANGES TO TERMS & CONDITIONS.
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them to our Website, and the changes apply to all use of the Website and orders made by our customers thereafter. However, any changes or modifications to these Terms & Conditions will not apply retroactively.
2. ACCESS, ACCOUNT SECURITY & PRIVACY.
2.1 Availability and Access. From time to time, in our discretion, we may restrict your access to some parts of the Website. We reserve the right to withdraw or amend any of the offers, Product details and descriptions, and other material we provide to you on our Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
2.2. Account Security. If you choose to create an online account with Citrus Fruit as part of your online orders for Products, you are responsible for retaining all log-in information and account names. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to portions of your account containing your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.
We have the right to disable any username, password, or other identifier at any time, in our sole discretion for any or no reason, including if you have violated any provision of these Terms & Conditions.
2.3 Privacy. Your privacy and the protection of the information you may submit through the Website are important to Citrus Fruit. To access your orders and register an account with us, you may be asked to provide registration details (for example, your email address, name, and payment card information) or other identifying information. A condition of your use of the Website is that all the information you provide to us or through the Website is correct, current, and complete. All information you provide to register with or use our Website is governed by our “Privacy Policy” (available at https://www.citrusfruitphotos.com/privacy-policy).
3. PURCHASE TERMS & REFUNDS.
3.1 Placing Orders. To order our Products, please place the Product you wish to order in your cart by clicking on the appropriate purchase button located next to the Product image. When you’re ready to complete your order, you will have the option to purchase digital copies or a printed copy of your selected Product. You agree that your order is an offer to buy, under these Terms & Conditions, only those Products you list in your order or online cart. All orders must be accepted by us, otherwise we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email or accept your account registration at the time of check-out.
3.2 Prices. All prices, discounts, and promotions related to our digital or hand-delivered Products on the Website are subject to change without notice. The price we charge for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation or final purchase receipt. In general, our posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your Product order total and will be itemized in your cart and your order confirmation page.
3.3 Terms of Payment. We accept all major forms of payment cards to complete your order, including Visa, Mastercard, American Express, and Discover as well as services like PayPal and ApplePay. In general, we will charge you for the full price of our Product at the time of checkout, subject to special offerings or other promotional sales we offer from time to time. However, processing delays may cause the charge against your card to take a few business days to hit your account.
3.4 Shipments. We will arrange for shipment of ordered Products to you at the address you designate during the check-out process, assuming you are purchasing a printed image of the Product. All specified delivery dates in your order form are estimates only, and subject to all acts or circumstances beyond our reasonable control that may delay your order delivery (e.g., force majeure acts). Please check the individual Product page for specific delivery options, including delivery of digital copies to your email or delivery of a printed version. Please note that you are responsible for paying all shipping and handling charges relating to the Products you purchase.
3.5 Goods not for Resale or Export. In connection with any order you make for Products, you represent and warrant that you are buying our Products for your own personal or household use only, and not for resale or export.
3.6 Return Policy. Citrus Fruit strives to deliver original works of art that meet and exceed our customers’ expectations. However, if you are displeased with the Product you ordered, you may return the Product for a full refund within thirty (30) days of your purchase. Please note, however, that our return policy only applies to printed copies of Product(s) you receive. Requests to return digital copies of Products, given the nature of their form of delivery, may be rejected in our sole discretion. For any refund we accept and process, you will be credited the purchase amount back to the original payment method you used. You may contact our team at the information below if you have questions concerning your Product or wish to make a return request.
4. INTELLECTUAL PROPERTY RIGHTS.
The Website (including all content, Product offerings, underlying copyrights to Products, source code, features, software, text, displays, images, video, designs, and online formatting) are owned by Citrus Fruit, its licensors (if any), or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We stress that the value of our Products is based, in large part, on the unique works of authorships represented in the images, photos, and other creative works we sell. As such, we will pursue all necessary action to protect the rights inherent in those Products.
These Terms & Conditions permit you to use the Website for your personal use, including for Product orders. Accordingly, you must not unlawfully reproduce, distribute, modify, or create derivative works of any of the material on our Website (including the original images and works of art captured in our Product offerings), except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your web browser for display enhancement purposes.
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You may print or download copies of your order receipts and purchase history from the Website for your own personal, non-commercial use.
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You may print or download copies of the digital Products we deliver to you for your own personal, non-commercial use.
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If we provide desktop, mobile, or other applications for download, you may download copies to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.
By using the Website, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Citrus Fruit.
5. TRADEMARKS.
The Citrus Fruit name, any logo we display on our Website, and all related names, Product and service descriptions, and slogans are trademarks of Citrus Fruit or its affiliates. You must not use such marks and logos without the prior written permission of Citrus Fruit.
6. COPYRIGHT INFRINGEMENT.
Citrus Fruit is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Citrus Fruit will promptly process and investigate notices of claimed infringement based on our user Submissions or our Products, and we will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c). All notifications of claimed copyright infringement must be submitted to the contact information set forth at the end of these Terms & Conditions. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED OR USED ON THE WEBSITE IN A WAY THAT CONSTITUTES COPYRIGHT OR TRADEMARK INFRINGEMENT, PLEASE NOTIFY US IMMEDIATELY.
7. PROHIBITED USES.
You may use the Website only for lawful purposes—for example, to view, order, and use our Products—and in accordance with these Terms & Conditions. During your visits to our Website, you agree not to use the Website:
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In any way that violates any applicable federal, state, local, or international law or regulation.
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For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
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To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
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To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Citrus Fruit or users of the Website, or expose them to liability.
Additionally, you agree not to:
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Use for any commercial purposes—i.e., purposes beyond your personal viewing purposes and orders—any part of the Website.
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Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
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Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including unlawfully monitoring or copying any of the material on the Website.
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Use any device, software, or routine that interferes with the proper working of the Website.
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Introduce to the Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which they are stored or hosted, or any server, computer, or database connected to the Website.
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Otherwise attempt to interfere with the proper working of the Website and our online order system.
8. YOUR SUBMISSIONS.
8.1 Description. During your access to and review of the Website, you are solely responsible for any information, review, content, or other material you transmit to or through the Website or otherwise to us (collectively, “Submissions”). For example, if you make a social media post concerning the Website, which is ultimately linked to us, you are responsible for the content of that Submission. Moreover, you understand that, except for any personal information we may collect from you under the guidelines established in our Privacy Policy, Submissions to Citrus Fruit are considered non-confidential and non-proprietary.
8.2 Ownership of Submissions. For purposes of your relationship with Citrus Fruit, you retain all ownership rights for all content and Submissions created in your interactions with the Website and us.
8.3 License Grant; Representations. In connection with any Submission, you grant (to the extent available to you) Citrus Fruit an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to (A) make changes to our Website that may affect how content for your Submissions appear; (B) use and disclose metrics regarding your Submissions, in a format that does not include personally identifiable information; and (C) remove any Submission that is in violation of these Terms & Conditions. You represent and warrant that: (i) you have the right to submit the Submission to Citrus Fruit and grant the rights set forth above; (ii) Citrus Fruit will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (iii) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Submission complies with these Terms & Conditions and all applicable laws and regulations.
CITRUS FRUIT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION.
9. CONTENT STANDARDS.
We pride ourselves on an interactive Website that allows our visitors and customers to view the Products and make purchases in a professional environment. Accordingly, all Submissions or other information you post to or transmit through the Website must not: (A) contain any material that is defamatory, obscene, indecent, abusive, harassing, or hateful; (B) promote sexually explicit activities or pornographic material; (C) infringe any patent, trademark, trade secret, copyright, or other intellectual property right of others; (D) violate the legal rights (including privacy rights) of any others; or (E) promote illegal activity.
10. MONITORING AND ENFORCEMENT.
To enforce these Terms & Conditions and protect the integrity of the Website, we retain the rights to: (A) remove any Submissions for any or no reason, in our sole discretion; (B) take appropriate legal action in connection with any illegal or unauthorized use of the Website; and (C) terminate or suspend your access to all or part of the Website for any violation, or suspected violation based on evidence available to us, of these Terms & Conditions. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
11. LINKS TO OTHER SOURCES.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions for such websites.
12. DISCLAIMERS & LIMITATION.
12.1 Disclaimer of Warranties. OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS SEEN” ON THE WEBSITE, WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CITRUS FRUIT DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND THE WEBSITE AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
12.2 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CITRUS FRUIT, ITS AFFILIATES, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST CITRUS FRUIT, EVEN IF FORESEEABLE BY YOU OR US.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.
13. GENERAL TERMS.
13.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy), these Terms & Conditions constitute the sole and entire agreement between you and Citrus Fruit regarding the Website and your Product orders. These Terms & Conditions supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and your Product orders.
13.2 Severability. If any provision of these Terms & Conditions is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
13.3 Governing Law. All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website must be instituted exclusively in the federal or state courts of the State of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.4 Contact Information. For questions about these Terms & Conditions or the Website, please contact: williamenewhall@gmail.com, or write to us at the following address:
Citrus Fruit Photography LLC
Re: Website Terms & Conditions
856 East 12500 South
Draper, UT 84020