TERMS AND CONDITIONS
Aleksandar Budimir (“Aleks Budimir Photography,” “we” or “our“) provides a service for purchasing original works of photographic art through a website, accessible at www.aleksbudimirphotography.com (the “Site“). Please read carefully the following terms and conditions (“Terms“) which govern your access to and use of the Site, and constitute a binding legal agreement between you and Aleksandar Budimir.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Aleks Budimir Photography reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
In order to make a purchase through the Site, you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Aleks Budimir Photography reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Aleks Budimir Photography of any unauthorized use of your Account.
Purchases of Printed Works
As a Member, you may purchase Printed Photographic Works. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Site, Aleks Budimir Photography and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of Aleks Budimir Photography’s then-current Return Policy apply to any Printed Works that you purchase through the Site. Whether you purchase Printed Photographic Works online or offline, such purchases will be subject to these same terms and conditions which will be presented to you at the time of purchase.
Aleks Budimir Photography reserves the right to cancel any order for a Printed Photographic Work placed via the Site if Aleks Budimir Photography determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site. If Aleks Budimir Photography cancels an order placed via the Site, Aleks Budimir Photography will send you an email confirmation of such cancellation and you will not be charged for your order.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in British Pounds and do not include any sales, use, value added (“VAT“), goods and services (“GST“) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“). If you live in the United States of America, you acknowledge that Aleks Budimir Photography will add Taxes to the amounts charged, as a separate charge, when required to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Aleks Budimir Photography uses commercially reasonable efforts to display the colors of Printed Photographic Works accurately via the Site. However, because individual computer monitors may display colors differently, Aleks Budimir Photography is not responsible for the color accuracy of any Printed Photographic Works displayed on the Site, and disclaims all liability in this regard.
You agree not to do any of the following:
- Use, display, mirror or frame the Site, or any individual element within the Site, Aleks Budimir Photography’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Aleksandar Budimir’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Aleks Budimir Photography’s computer systems, or the technical delivery systems of Aleks Budimir Photography’s providers;
- Attempt to probe, scan or test the vulnerability of any Aleks Budimir Photography system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Aleks Budimir Photography or any of Aleks Budimir Photography’s providers or any other third party (including another user) to protect the Site;
- Attempt to access or search the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Aleks Budimir Photography or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Aleks Budimir Photography logo URL or product name without Aleksandar Budimir’s express written consent;
- Use the Site for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site without express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Aleks Budimir Photography will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Aleks Budimir Photography may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Aleks Budimir Photography has no obligation to monitor your access to or use of the Site but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Aleks Budimir Photography is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Aleks Budimir Photography of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Aleks Budimir Photography will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Aleks Budimir Photography reserves the right to revoke your access to and use of the Site at any time, with or without cause. In the event Aleks Budimir Photography terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com.
THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Aleks Budimir Photography EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Aleks Budimir Photography MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Aleks Budimir Photography MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Aleks Budimir Photography OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site remains with you. Neither Aleks Budimir Photography nor any other party involved in creating, producing, or delivering the Site will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, or from any communications, interactions or meetings with Aleksandar Budimir, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Aleks Budimir Photography has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Aleks Budimir Photography’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site exceed the total payments that you made to Aleks Budimir Photography for the Printed Photographic Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Aleks Budimir Photography and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
These Terms constitute the entire and exclusive understanding and agreement between Aleks Budimir Photography and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between Aleks Budimir Photography and you regarding the Site.
The failure of Aleks Budimir Photography to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aleks Budimir Photography. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Aleks Budimir Photography
If you have any questions about these Terms, please contact Aleks Budimir Photography at firstname.lastname@example.org.