Terms and Conditions

Terms & Conditions of Use

Last Updated: 21 December 2024

These are the official Terms and Conditions of Use for Smoke Screen Photography (“Company,” “Our,” “We,” and “Us”) located in York, PA, United States. By accessing our website (www.smokescreen.photography), services, or products, you (“You” or “Your”) agree to be bound by these Terms and Conditions of Use.

1. Introduction
Welcome to www.smokescreen.photography (the "Website"). By accessing or using our Website, you agree to comply with and be bound by these terms and conditions ("Terms"). If you do not agree with these Terms, please do not use our Website.

2. Intellectual Property Rights
All content on this Website, including but not limited to photographs, text, graphics, logos, and designs, is the property of Smoke Screen Photography and is protected by intellectual property laws. Users may not copy, reproduce, distribute, or use any content without explicit written permission from Smoke Screen Photography.

You may:
Access and download purchased digital products for personal use.
Use Our content with prior consent, provided proper credit is given.

You may NOT:
Reproduce, redistribute, or resell Our content or products.
Use Our materials for unlawful purposes or claim ownership of any of Our intellectual property.

3. User-Generated Content
By submitting content (including but not limited to photographs, comments, and testimonials) to our Website, you grant Smoke Screen Photography a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form.

By participating in a session, You grant Us a non-revocable, commercial license to use Your likeness and images for promotional purposes unless otherwise agreed in writing. Notification of use is not guaranteed.

4. User Obligations
By using our Website, you agree not to:
Engage in any activity that could harm the Website or its users.
Upload or transmit any harmful or malicious content.
Use the Website for any unlawful or unauthorized purpose.

5. Purchase Terms
5.1 Payment
All payments for digital downloads, print sales, and custom photo sessions must be made through the payment methods provided on our Website.

Full Payment is required PRIOR to the shoot.

Pre-Session Payment Plans must be completed no less than 30 days prior to the scheduled shoot date. Failure to comply may result in cancellation or rescheduling fees as outlined below.

5.2 Delivery
Digital downloads will be available immediately upon purchase.

Physical prints will be shipped within [insert time frame] of order confirmation.

5.3 Return and Refund Policy
All sales are final. Session fees are considered a non-refundable retainer and will be applied towards the final cost of the services. The retainer is non-refundable under any circumstances and serves as liquidated damages for the photographer. Exchanges will be honored for defective products only.

5.4 Cancellation, Termination, and Rescheduling
A minimum of 72 hours notice is required for cancellation. Cancellations made with less notice will result in full payment by the Client.

Rescheduling within 30 days of the session date will incur a $100 fee. Within 14 days, the fee increases to $250.

A no-call/no-show may result in a $500 fee.

Exceptions to these policies include medical emergencies or other extenuating circumstances, which must be documented.

6. Privacy Policy
We collect and use personal information in accordance with our Privacy Policy, which is available on our Website. By using our services, you consent to the collection and use of your information as outlined in the Privacy Policy. This includes the use of cookies and third-party services as described in our Privacy Policy.

6.1 Information We May Collect
We may collect information about you in a variety of ways, including:
Personal Data: Name, shipping address, email, and telephone number.
Derivative Data: IP address, browser type, operating system, and access times.
Financial Data: Payment details (processed securely by third-party providers).
Mobile Device Data: Mobile device ID, model, and location.
Data from Contests, Giveaways, and Surveys.

7. Use of Your Information
We use collected information to:
Create and manage your account.
Process transactions and deliver requested products and services.
Improve our Website and customer service.
Monitor and analyze usage trends.
Contact you regarding your account or order.

8. Limitation of Liability
Smoke Screen Photography provides the Website and its services "as is" without any warranties of any kind. We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our Website or services.

9. Work Product Ownership and Licensing
Any copyrightable works created by Smoke Screen Photography in connection with the Services will remain the exclusive property of the Photographer. RAW, unedited files will not be provided under any circumstances. The Client is granted a limited license for personal use of purchased images, including sharing online with proper credit.

10. Governing Law
These Terms are governed by the laws of the State of Pennsylvania, United States. Any disputes arising from these Terms or the use of our Website will be resolved in the courts of Pennsylvania.

11. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on the Website, and it is your responsibility to review the Terms regularly. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.

12. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at info@smokescreen.photography.