Terms & Conditions
All photography, design, and creative elements on this site and in all communications are copyright Brad Brighton / “Brad Brighton (photography)” (“Copyright Owner”, “SELLER”) unless otherwise specified.
All rights reserved by Copyright Owner.
No part of this site may be reproduced, stored, or transmitted by any means in any form (electronic, mechanical, recording, photocopying, etc) without explicit, prior written permission of Copyright Owner.
Any trademarks, service marks, and/or trade names owned by Copyright Owner, regardless of registration state, may not be used in conjunction with any service not owned by Copyright Owner in any manner that is likely to cause confusion. Marks include (but are not limited to) examples such as “bmbphotos”, the BMB initials logo, “Brad Brighton (photography)”.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
THIS SITE IS PRIMARILY INTENDED FOR THE USE OF ADULTS OVER THE AGE OF MAJORITY IN THE VIEWING JURISDICTION WHO ARE LEGALLY ALLOWED TO ENTER INTO PURCHASE AGREEMENTS. THIS IS NOT AN ADULT ENTERTAINMENT SITE; HOWEVER IMAGES ON THIS SITE MAY CONTAIN NUDITY OR SUGGESTIVE/SEXUALLY EXPLICIT CONTENT PRESENTED IN ARTISTIC CONTEXT.
IF YOU DO NOT MEET THE AGE REQUIREMENTS OR DO NOT WISH TO ENCOUNTER POTENTIALLY PROVACATIVE CONTENT, DO NOT USE THIS SITE.
Conditions of Sale
The purchasing customer (“BUYER”) is responsible for correctly and completely entering all required information, such as complete identifying name, shipping and billing addresses (no P.O. Boxes, sorry), telephone number, email address, valid payment method, and any other information deemed required by SELLER. BUYER assume responsibility for failure to deliver product due to incorrect or ambiguous required information. SELLER reserves the right to cancel any order at any time for any reason.
Predefined order items cannot be changed once the order is placed. Custom items may or may not be able to be fulfilled after SELLER evaluates any custom requests and may, at SELLER’s discretion, lead to order changes or cancelation. In the case of changes by SELLER to a custom request, BUYER will be given an opportunity to cancel the portion of a custom order affected by such a change. Shipping addresses may be allowed to be changed prior to shipping at SELLER’s sole discretion upon verification of BUYER’s identity. Once an order has shipped, SELLER will make no delivery address changes.
Orders must be paid for in advance on the website, via instructions included on invoices, or in-person in US DOLLARS via methods made available. The methods and providers of payments may vary from time to time. NO CHECKS ACCEPTED. In the event of a stopped, declined, or otherwise incomplete payment, SELLER reserves the right to cancel the order WITHOUT REFUND of any collected partial payments. If the order has already shipped, BUYER agrees that SELLER can seek payment and hold BUYER responsible for any and all costs of collection, including but not limited to reasonable attorneys’ fees, in addition to charging interest of an amount up to legal limits on any unpaid balances until the balance is paid in full. If jurisdictional taxes have not been explicitly included in the purchase price at the time of payment, BUYER agrees that any such taxes are the BUYER’s responsibility.
BUYER RIGHTS AND RESPONSIBILITIES
BUYER is purchasing media (such as paper, canvas, frame, etc) and a non-exclusive license to present SELLER’s image through the media delivered to BUYER only. NO REPRODUCTION, PUBLICATION, TRANSMISSION, OR ANY OTHER RIGHTS are conferred on BUYER without the prior, explicit, written permission of SELLER. Additional use rights may be available for license at SELLER’s sole discretion and at additional fees. BUYER additionally and explicitly agrees that this purchase and license DO NOT grant BUYER any rights to use product in any circumstance that may incur the need for model or other legal release. BUYER agrees to indemnify SELLER against actions resulting from BUYER violating any terms of this agreement (not just this section), REGARDLESS OF WHETHER THE BUYER’S VIOLATION IS INTENTIONAL OR UNINTENTIONAL.
BUYER acknowledges and understands that color and sizing descriptions may not be exact due to a variety of factors, including but not limited to: aspect ratios of images, color fidelity of monitors, variations in printing process and equipment, and variations in style, form, vendor, and composition of the underlying presentation material (such as paper or canvas). SELLER THEREFORE DOES NOT WARRANT that delivered product will exactly match what BUYER may see on screen or via an in-person demonstration/example product.
EDITIONS, SIGNING, ETC
Most products offered by SELLER should be considered “open series”/”open edition”; that is, not specifically limited to size or count of resulting products. Products intended to be sold as “signed” will be specifically noted as such. Signing may also be optionally available for typically unsigned products and may incur additional fees. “Limited edition” products (prints that, in a certain size and presentation, will only be produced to a maximum number of copies) will be explicitly identified and signed by default; artist’s proofs (prints created for the SELLER’s use that may vary in non-trivial ways from the final version in a limited edition) are included in the limited edition for the purposes of total number of copies.
Any offered delivery times are estimates. SELLER does not guarantee delivery dates and is not responsible for late, misdirected, damaged, lost, or otherwise undelivered product for any reason. BUYERS receiving delivery outside the United States of America are solely responsible for any and all shipping costs, tariffs, duties, fees, taxes, and any and all other encumbrances and/or delays relating to shipping and/or importation into or through any country including transfers en route and arrival at the delivery destination. Delivery methods and options are determined by the SELLER; custom or non-standard delivery methods or options may be available at SELLER’s sole discretion. If SELLER agrees to custom delivery request(s), additional non-publicly listed fees may apply. Any such fees will be disclosed by SELLER to BUYER before charges are incurred. BUYER’s continuation of an order after such disclosure constitutes agreement to the additional fees.
ALL SALES ARE FINAL. SELLER may, at SELLER’s sole discretion, accept damaged product return for replacement. In such cases, any shipping/delivery fees to return damaged product and any shipping/delivery fees for replacement product will be the BUYER’s sole responsibility. BUYER agrees to indemnify SELLER for any issues arising from shipping insurance claims. BUYER agrees to cooperate fully with shipper and/or shipper’s agents and SELLER as needed to adjudicate any claims of damage, loss, or any other issue arising from the shipment of product in order to complete the terms of such an insurance claim. BUYER assumes the responsibility for collecting and maintaining evidence as needed to process a claim against shipping insurance and to provide such as requested.
Photographic prints on any media are ultimately impermanent and are subject to degradation from several factors including but not limited to handling procedures, presentation location, and environmental conditions. BUYER is responsible for understanding and accommodating these effects and for the ongoing condition of any products ordered from SELLER. BUYER agrees to indemnify and hold harmless SELLER for any and all damages beyond SELLER’s control, including but not limited to, issues arising from shipping, improper storage or cleaning, moving, theft, natural disasters (fire, flood, earthquakes, severe weather, etc), accidents, “acts of god or gods”, or any other behavior, condition, or mishap that diminishes the state of the product occurring after product leaves the control of the SELLER.
To the extent allowed by law, any liability that SELLER does assume is limited to the price paid by BUYER. SELLER operates in the jurisdiction of the state of Nevada, United States of America, and all agreements are subject to the laws of that jurisdiction.
IF YOU DO NOT AGREE TO THESE CONDITIONS, DO NOT PURCHASE PRODUCT FROM SELLER. PURCHASE INDICATES ACCEPTANCE.