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TERMS AND CONDITIONS

1. Acceptance of Terms

 

By accessing or using the services provided by CapturedbyBes LLC at www.capturedbybes.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use the Site.

 

2. Use of the Site

 

  • License Grant: CapturedbyBes LLC grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes, subject to your compliance with these Terms.

  • Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

 

3. Products

 

  • Photography Products: We offer products including prints, digital downloads, and custom photo services.

  • Product Accuracy: We strive for accuracy, but do not warrant that product descriptions or content are accurate, complete, reliable, current, or error-free. Disputes regarding product accuracy will be resolved through replacements or refunds as detailed in our Return Policy.

 

4. Intellectual Property

 

All content on the Site, including images, text, graphics, logos, and software, is the property of CapturedbyBes LLC or its content suppliers and protected by United States and international copyright laws.

 

5. User Conduct

 

You agree to use the Site lawfully, without infringing on others' rights, harassing or causing distress, transmitting offensive content, or disrupting the normal use of the Site.

 

6. Payment

 

  • Payment Methods: Payments are processed through methods listed on the Site. You affirm that you are authorized to use the payment method you provide.

  • Billing Information: You must provide current, complete, accurate purchase, and account information. If payment fails or is disputed, CapturedbyBes LLC may suspend services until payment is resolved.

 

7. Shipping

 

  • Shipping Policy: See our Shipping Policy for details on methods, times, and costs.

 

8. Returns and Refunds

 

  • Return Policy: Due to the unique nature of photography, returns are limited to defects or errors on our part. Refer to our detailed Return Policy for specifics.

 

9. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTUREDBYBES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE.

 

10. Changes to Terms

 

We reserve the right to modify these Terms at our discretion. If changes are material, we will notify you via email or by posting a notice on the Site at least 30 days before they take effect. If you do not agree to the new Terms, you must stop using the Site. What constitutes a material change is determined by CapturedbyBes LLC.

 

11. Governing Law

 

These Terms are governed by and construed in accordance with the laws of New Jersey and California without regard to its conflict of law provisions.

 

12. Dispute Resolution

 

Any disputes under these Terms will first be attempted to be resolved through mediation. If mediation fails, the dispute will be settled through arbitration in New Jersey and California, in accordance with the rules of the American Arbitration Association.

 

13. Privacy

 

Your use of the Site is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information.

 

14. Accessibility

 

We aim to make our Site accessible to all users, adhering to WCAG 2.1 guidelines at the AA level to the extent practical.

 

15. Security

 

We take reasonable steps to protect your personal information, using industry-standard security measures to prevent unauthorized access.

 

16. Contact Information

 

For any questions about these Terms, please contact us at:

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