Terms & Conditions
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions and our associated Privacy Statement. Your use of this website constitutes your agreement to follow these rules and to be bound by them. Any account you establish and any order for products placed through this website will be subject to these Terms and Conditions.
In these terms and conditions, we use the terms “Munoz Photography,” “we,” “our” and “us” to designate Munoz Photography National School Studios Inc.
User Accounts, Photo Security and Sharing
For athletes photographed by Munoz Photography and attending a participating school, league, or organization, individual photo access claim codes are distributed to parents and are valid for authorized use only. Team/Group photos are available for purchase by the community with access codes distributed through the school, league, or organization. When you first visit this website you will have an opportunity to set up a password-protected User Account. When you create a User Account and enter your photo access codes to claim your child’s photo, you are authorizing Munoz Photography to transmit it to the website for your viewing, purchase and/or sharing subject to these Terms and Conditions. You are responsible for the security and confidentiality of the password and username you establish when you create your User Account.
You may share your photos online by providing a valid email address for the recipient. Munoz Photography will forward your email containing a new access code to the photo(s) you wish to share, but will not send the photo files themselves. Individuals who receive your email will be required to register for a user account before they can view your photos. Munoz Photography is not responsible for misdirected or undeliverable email addresses and will not notify you of delivery status.
For additional information regarding our privacy and security policies and procedures, please review our Privacy Statement.
Orders, Availability and Delivery
When you place an order for a photo product through this website, our acceptance of your order occurs when your credit card is charged. Until then we reserve the right to cancel your order. Our ability to supply the selected products to you is subject to availability and we reserve the right to limit quantities of products we supply, to divide orders and fulfill partial orders; and to revise or terminate products and special offers. We will charge your credit card only to the extent that we are able to deliver the products to you as ordered.
We will do our best to deliver your purchases in a timely manner, but we cannot guarantee that there will be no delays in delivery, and we accept no liability or responsibility for delays caused by circumstances outside of our reasonable control.
Prices and Payments
Posted prices do not include shipping and handling charges, which vary based on your location and the products selected. Prices are subject to change at any time.
Storage Policy and Photo Availability
Your initial access code will be valid for approximately ninety days after it is initially delivered to you. Once you use this access code to claim your photos, the access code will be invalid for any further use . Your photos will be available on this site for viewing and purchase for a limited amount of time. Once the offer period has ended, they will be permanently deleted.
Product Returns and Refund Policy
If you are not satisfied with the quality of any product you purchase on this website, simply return it within 30 days of purchase and we will either replace the product at no cost to you or refund the original purchase price. We will refund your account or reprint your photos when we receive your return.
Copyright Policy
All photographic images created by Munoz Photography photographers are owned and copyright protected by Munoz Photography Inc. and its subsidiaries. Except as specifically authorized through the sale of a product or service, or on a written release signed by us, photographic images and information from this site may not be reproduced in any way.
The Munoz Photography logo and trademarks may be used only on the Munoz Photography website and by permitted users who have signed agreements with Munoz Photography .
Website Content
All of the content on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Munoz Photography Inc., one of its subsidiaries or by third parties who have licensed their materials to Munoz Photography or one of its subsidiaries. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Munoz Photography Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Munoz Photography Inc.
Comments
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to this website shall be and remain the exclusive property of Munoz Photography Inc. Your submission of any such Comments shall constitute an assignment to Munoz Photography Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Munoz Photography Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Changes in Terms and Conditions
Munoz Photography reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
DISCLAIMERS
THIS WEBSITE IS OPERATED BY Munoz Photography INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Munoz Photography INC., ITS SUBSIDIARIES AND THEIR AGENTS (COLLECTIVELY, THE "Munoz Photography BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE Munoz Photography BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. THE Munoz Photography BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE Munoz Photography BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Munoz Photography , ITS CORPORATE AFFILIATES AND SERVICE PROVIDERS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS (COLLECTIVELY THE “Munoz Photography BUSINESSES”) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY Munoz Photography BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Munoz Photography BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Enforcement of terms and conditions
By accessing and using this website, you agree that your access to and use of the website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Minnesota and the United States of America.
If you are dissatisfied with the website or any content on the site, or with the terms and conditions, your sole and exclusive remedy is to discontinue using the website. You acknowledge, by your use of the website, that your use of the site is at your sole risk.