Terms & Conditions
Welcome to Proof Image's website (Proof-Images.com) (the “Website”). By accessing or using this Website, you agree to be bound by the following Terms and Conditions (“Terms”). These Terms govern your use of the Website and any services, content, or products offered by Proof Images (“Company,” “we,” “us,” or “our”). If you do not agree with these Terms, please do not use the Website.
1. Acceptance of Terms
By accessing or using the Website, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and agree to comply with these Terms. We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
2. Use of the Website
2.1 Permitted Use - You may use the Website for lawful purposes only, including browsing, purchasing photography services or products, or contacting us. You agree not to:
• Use the Website in any way that violates applicable laws or regulations.
• Attempt to gain unauthorized access to any portion of the Website or its systems.
• Use automated tools (e.g., bots, scrapers) to access or collect data from the Website.
• Interfere with or disrupt the Website’s functionality or security.
2.2 Account Registration - Some features of the Website may require you to create an account. You agree to:
• Provide accurate, current, and complete information during registration.
• Maintain the security of your account credentials and notify us immediately of any unauthorized use.
• Be responsible for all activities conducted under your account.
3. Intellectual Property
3.1 Ownership - All content on the Website, including photographs, text, graphics, logos, and other materials (collectively, “Content”), is owned by or licensed toProof Images and is protected by copyright, trademark, and other intellectual property laws.
3.2 Limited License - As a member, you are granted a limited, non-exclusive, non-transferable license to view and download Content for personal, non-commercial use only. You may not:
• Reproduce, distribute, modify, or create derivative works from any Content without prior written consent.
• Use Content for commercial purposes unless explicitly authorized in writing by us.
3.3 User-Submitted Content - If you submit content to the Website (e.g., reviews, comments, or images), you grant Proof Images a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, publish, and display such content in connection with our services and marketing activities.
4. Photography Services and Products
4.1 Booking and Payments
• Booking: Photography services may be booked through the Website, subject to availability and our confirmation. All bookings are governed by separate agreements or contracts provided at the time of booking.
• Payments: Prices for services or products are listed on the Website and are subject to change without notice. Payments must be made in full at the time of booking unless otherwise agreed. All payments are non-refundable unless stated otherwise in our refund policy (see Section 4.2).
• Accuracy: We strive to ensure that pricing and service descriptions are accurate but are not responsible for errors or omissions.
4.2 Cancellations and Refunds
• Cancellations or rescheduling of photography sessions are subject to our cancellation policy, which will be provided at the time of booking.
• Refunds, if applicable, will be processed in accordance with our refund policy or the specific terms of your booking agreement.
4.3 Delivery of Products
• Digital or physical photography products (e.g., prints, albums) will be delivered as specified in your order confirmation.
• We are not responsible for delays caused by third-party delivery services or events beyond our control.
5. Privacy - Your use of the Website is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in the Privacy Policy.
6. Third-Party LinksThe Website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of these websites. Accessing third-party links is at your own risk.
7. Limitation of LiabilityTo the fullest extent permitted by law:
• The Website and its Content are provided “as is” without warranties of any kind, express or implied, including warranties of accuracy, reliability, or fitness for a particular purpose.
• Proof Images shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website or services, including but not limited to loss of data, profits, or business opportunities.
• Our total liability for any claim related to the Website or services shall not exceed the amount paid by you for the specific service or product giving rise to the claim.
8. Indemnification - You agree to indemnify, defend, and hold harmless Proof Images its affiliates, officers, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.
9. Termination - We reserve the right to suspend, terminate or bar your access to the Website at our discretion, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Website will cease immediately.
10. Governing Law and Dispute Resolution - These Terms are governed by the laws of Texas and the United States. Any disputes arising from these Terms or your use of the Website shall be resolved first through mediation or binding arbitration, then courts in courts located in Austin, Texas. You agree to submit to the exclusive jurisdiction of such courts.
11. Force Majeure - Proof Images shall not be liable for any failure to perform its obligations due to events beyond our reasonable control, including but not limited to natural disasters, strikes, or technical failures.
12. Miscellaneous
• Entire Agreement: These Terms, along with any additional agreements (model release forms or booking contracts), constitute the entire agreement between you and Proof Images regarding the Website.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other rights.
13. Contact InformationIf you have any questions about these Terms, please contact us at:
• Email: doylewilliamson@yahoo.com
• Phone: 512-947-1786
• Address: PO Box 200934 Austin, TX 78720-0934
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.