Terms of Sale, Service, and Use

Copyright Warning

ALL RINCON ROAD PHOTOGRAPHIC IMAGES ARE FULLY COPYRIGHTED. You must contact Rincon Road Photography prior to any use whatsoever to request permission and discuss terms. No right to display, reproduce, or otherwise use Rincon Road images for any purpose is granted or implied.

All images are protected by United States and international copyright law. All of the other content on our Website, including without limitation, the graphics, design, and look and feel are owned by Rincon Road Photography and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection.

COPYRIGHT VIOLATIONS WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. Rincon Road Photography has contracted with a third-party organization that specializes in recovering damages from copyright violations. They use automated software to track our images, detect unauthorized use, and take legal action against infringements.

Terms of Sale, Service, and Use

CONDITIONS ON USE OF WEBSITE. Rincon Road Photography makes this website (the “Website”), including all photographs, images, downloadable portfolios, graphics, moving images, text, sound, illustrations and software available through the Website (collectively, the “Content”), available for your review subject to the terms and conditions set forth in this document, and any changes to this document that Rincon Road Photography may publish from time to time (collectively, the “Terms of Use”) and further subject to the Privacy Policy on the Website.

OWNERSHIP; RESTRICTIONS. This Website is owned and operated by Rincon Road Photography. All Content, is owned by Rincon Road Photography and/or certain third party content providers. All elements of this Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and all other laws protecting intellectual property rights including contract law pursuant to this agreement.

No Content or portion thereof may be copied, reproduced, republished, uploaded, scanned, posted, transmitted, or distributed in any way, without Rincon Road Photography’s prior written permission, except that you may view the Content on any single computer monitor for review purposes only, provided you keep intact, without change all images and copyright, trademark and other proprietary notices.

PRODUCTS. You can purchase the photographs featured on our Website from Rincon Road Photography in the form of photographic prints, or other photographic products (collectively, the “Products”). If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Rincon Road Photography.

Products are intended for your personal use only. You may not use or reproduce a Product in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Rincon Road Photography’s prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this Website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND RINCON ROAD PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

While Rincon Road Photography uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Rincon Road Photography, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Rincon Road Photography ensure that all persons depicted in the photographs have consented to the display of their image on this Website. In addition, Rincon Road Photography is unable to make representations or warranties as to the functionality of this Website. Accordingly, you acknowledge that your use of this Website is at your own risk.

Rincon Road Photography, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Website or the photographs.

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Rincon Road Photography, or if you otherwise infringe any intellectual property rights relating to the photographs, Products or this website, you agree to indemnify and hold Rincon Road Photography, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach of this terms of this Agreement.

All discounts or promotional codes must be entered at the time of purchase (on the checkout page) for the discount/promotion to be applied. Retroactive requests for discounts or promotions will not be granted. Not all of the products or services described on this Site are available in all areas of the United States, and/or at the rates listed, and/or you may not be eligible for them.

ALL PRODUCT AND PRICING INFORMATION PRESENTED ON THE RINCON ROAD WEBSITE IS PRELIMINARY AND SUBJECT TO ADDITIONAL MATERIALS, SHIPPING, OR HANDLING CHARGES. PLEASE CONSULT YOUR FINAL INVOICE (MARKED "FINAL INVOICE") FOR FINAL RATES. We reserve the right to determine eligibility for products and promotional rates. The sale of all products through Rincon Road Photography's Website are final.

Rincon Road Photography itself does not provide returns, refunds, and/or exchanges for any products. Our third-party printing partner or partners are responsible for processing all returns, refunds, and/or exchanges. In the event of a product defect or shipping damage, please contact us right away and we will assist you with submitting your request to our printing partner or partners and processing your return.

Rincon Road Photography takes great care with respect to the exposure, processing, and delivery of photographs. The user understands that photographs may fade or discolor over time due to the inherent qualities of dyes, inks, and materials and agrees to release Rincon Road Photography and/or its photographers from any liability for any claims based upon such fading or discoloration. Prints made at different times and/or from different cameras are expected to have variations from each other in color balance, resolution, and finish. All print sizes are nominal sizes, not exact measure.

This Site may contain links to third-party websites. Rincon Road Photography does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Rincon Road Photography is not responsible or liable for any content or other materials on these third party sites.

We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, Rincon Road Photography does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.

This Agreement shall be governed by the laws of the State of Arizona without giving effect to any principles of conflicts of law. Rincon Road Photography reserves the right to make changes to this Website, this Agreement, and the other information contained in this Website at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time.

These Terms of Use constitute the entire agreement between you and Rincon Road Photography with respect to the use of this site and any Rincon Road Photography services. Rincon Road Photography’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use.

If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Last updated: May 25, 2017