In order to use our Service, you must:
We may update or make changes to these Terms by posting the revised Terms of Service on our Website. The revised Terms shall take effect and remain in full force immediately upon publication.
If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided when starting your order. We may also contact you via telephone and postal mail, but are not required to do so. You should ensure any email coming from the domain"wanderlustphotographysc.com" is added to a “whitelist” to help ensure delivery and that it is not rejected or deleted as junk or spam.
You are responsible for the costs of shipping your Merchandise to and from our studio, plus any necessary insurance. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to our studio, we are not responsible for such loss, damage or delays.
Payments made to us are refundable under certain circumstances as outlined below. No other refunds, returns, exchanges, or changes may be made except for the following:
Refunds will be processed via the same method as the payment was made. Credit card payments will be refunded to the same card payment was made. Payments by check will be refunded by company check.
Our current pricing is published on the pricing page of our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website. We may offer other services that aren’t listed on our pricing page and, if applicable, those rates will be disclosed prior to work being performed.
You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.
After production is complete, the Content will be delivered through our Image Hosting Service. We will email you a link and a password so you can view and download all work that we’ve completed for you. We contract with a third party vendor who manages the website and software that runs our Image Hosting Service. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our Image Hosting Service. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this as part of our Image Hosting Service, such storage should be considered as a convenience only.
You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in Section 12. We hereby grant to you the following rights:
a. Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date.
b. Exclusive use. You have the exclusive right to use the Content. This means we will not license the Content to other parties. However, we retain the right to use the Content for our own promotional publication and internal use.
c. Worldwide use. There are no geographical restrictions on your use of the Content. You may use the Content worldwide.
d. Unlimited use. Except as provided in section 14(b) below, you may use and display the Content an unlimited number of times.
e. Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works.
f. Permitted uses include but are not limited to: websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications.
a. Unlawful use. You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other party.
b. May not be used in a logo or trademark. Content may not be used as a part of, or incorporated into, any logo or trademark.
a. Copyright ownership. All Content remains the copyrighted intellectual property of Wanderlust Photography LLC.
No transfer of copyright or ownership in any of the Content is granted unless explicitly agreed to in writing by us.
b. Transfer, and sub-licensing. You may not transfer or sub-license the Content to any other party, with the following exceptions:
Subcontractors. Your subcontractors may use the Content for the purpose of achieving your final intended use. Examples include but are not limited to: Your website designer using the Content to publish to your website. Your printing company using the Content to print a catalog. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Content for any purpose other than facilitating your intended end-use.
Your employer or client. If you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorization that they be bound to this entire Agreement. If such authorization has not been granted to you then they may not use the Content.
c. No claim of authorship. You may not claim you are the author of the Content. In any case where the author of the Content is specified it must be attributed as “Copyright Wanderlust Photography LLC".
a. Intellectual property visible on Merchandise. In some cases, Merchandise you direct us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of the Merchandise you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
b. Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.
We certify that we have obtained appropriate releases from any models depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the Content so long as the Content is used in accordance with sections 11 and 12 of this Agreement.
The Content is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
If we feel your project is not a good fit, we reserve the right to refuse service and decline the project.
You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms.
You assume full responsibility for any loss that results from your use of our Service or Content to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.
If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.
In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
If you violate these Terms we may seek injunctive relief from the courts or other equitable relief.
You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion.
These Terms shall be governed and construed under South Carolina law as such law applies to agreements between South Carolina residents entered into and to be performed within Nevada and without effect to any South Carolina laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our Service or Content must be held in the State and Federal courts in Greenville County, South Carolina.
These Terms of Service make up the entire Agreement and supersede all prior agreements, understandings, and representations.
In an attempt to expedite the pre-session process, Wanderlust Photography LLC asks that models/clients complete the online form and sign it electronically, thus replacing the handwritten form and wet signatures.
By selecting the "I have read, understood, and agree to and accept the E-Signature Agreement put in place by Wanderlust Photography LLC." button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. By selecting "I have read, understood, and agree to and accept the E-Signature Agreement put in place by Wanderlust Photography LLC." using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature, and that the lack of such certification or third party verification will not in any way affect the enforce-ability of your E-Signature or any resulting agreement between you and Wanderlust Photography LLC. You are also confirming that you are the model/client authorized to enter into this Agreement. You further agree that each use of your email equates to your E-Signature and constitutes your agreement to be bound by the terms and conditions of these Disclosures and Agreement as they exist on the date of your E-Signature on this form.
By selecting the “I Accept” button, you specifically agree to receive, obtain, and/or submit any and all documents and information electronically. These documents and information will be collectively known as "Electronic Communications," and will include, but not be limited to, any and all current and future required notices and/or disclosures. You accept Electronic Communications provided via email as reasonable and proper notice for the purpose of fulfilling any and all rules and regulations, and agree that such Electronic Communications fully satisfy any requirement that communications be provided to you in writing or in a form that you may keep.