Terms Of Service

 

TERMS OF SERVICE Effective Date:1/1/25 Business Name: Flcksbynick Photography Location: Long Island, New York, United States Contact Email: nx8nikocups@gmail.com 1. Acceptance of Terms By accessing this website and purchasing products from Flcksbynick Photography, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use this website. 2. Intellectual Property & Copyright Protection All photographs, images, digital files, graphics, artwork, text, and content displayed on this website are the sole and exclusive intellectual property of Flcksbynick Photography and are protected under United States copyright law (17 U.S.C. § 101 et seq.) and other applicable intellectual property laws. All images are copyrighted at the time of creation. Purchasing a print, canvas, or any physical product does not transfer copyright ownership or grant reproduction rights. A. No Reproduction or Unauthorized Use You may not, under any circumstances: Copy, screenshot, download, scan, photograph, or reproduce any image from this website Remove watermarks or identifying information Use images for commercial, promotional, editorial, or advertising purposes Submit images to magazines, blogs, vendors, or contests without written consent Create derivative works Digitally alter, edit, filter, or manipulate images in any way Use images for AI training, machine learning datasets, or automated data scraping Unauthorized use constitutes copyright infringement and will be pursued to the fullest extent permitted by law. B. Personal Use License (Prints & Canvases) When you purchase a physical print or canvas, you are granted a limited, non-exclusive, non-transferable license for personal display only. This license does not permit: Reproduction of the image Commercial display Scanning or copying the print Editing or altering the image Use in business marketing or branding Resale of the product All rights not expressly granted remain exclusively with Flcksbynick Photography. C. Digital Files (If Provided) If digital files are ever delivered, they are licensed for personal use only unless otherwise agreed in writing. Digital images may not be: Altered or re-edited Sold or redistributed Used for commercial purposes Submitted for publication without written permission D. Social Media Sharing Images may be shared on personal social media accounts only if: The image remains unaltered No filters or edits are applied Proper credit is given to Flcksbynick Photography The image is not used for commercial gain We reserve the right to request removal of any image used in violation of these terms. E. Enforcement We actively monitor unauthorized use of our work. Unauthorized reproduction, distribution, or commercial use may result in: DMCA takedown notices Legal action Claims for statutory damages of up to $150,000 per willful infringement Recovery of court costs and attorney’s fees 3. Products & Orders All prints, canvases, and related products are made to order. By placing an order, you agree that: All information provided is accurate You are authorized to use the submitted payment method Orders enter production after payment confirmation We reserve the right to refuse or cancel orders at our discretion. 4. Pricing & Payments All prices are listed in U.S. Dollars. Payments are processed securely through third-party providers. We do not store full credit card information. Prices are subject to change without notice. 5. Production & Shipping Production and shipping timeframes are estimates and are not guaranteed. We are not responsible for: Carrier delays Lost or stolen packages once marked delivered Delays caused by incorrect shipping information Customers are responsible for ensuring their shipping address is correct at checkout. 6. Color Variation Disclaimer Actual printed colors may vary slightly from what appears on your screen due to monitor settings and printing processes. Such variations are not considered defects. 7. Returns & Refunds Due to the custom nature of photographic prints and canvases, all sales are final. Refunds or replacements are offered only if: The item arrives damaged The item contains a manufacturing defect To request a replacement, you must: Contact us within 48 hours of delivery Provide clear photographs of the damage Retain original packaging We reserve the right to determine eligibility for replacement. To secure an order for prints, canvases, or photography services, a deposit may be required. Deposits are non-refundable unless otherwise agreed in writing. Cancellation after payment of a deposit may result in a cancellation fee, which will be outlined at the time of booking or purchase. Remaining balances are due according to the payment terms provided at checkout or in the service agreement. 8. Limitation of Liability To the fullest extent permitted by law, Flcksbynick Photography shall not be liable for any indirect, incidental, consequential, or special damages. Total liability for any claim shall not exceed the amount paid for the product in question. 9. Governing Law These Terms shall be governed by and interpreted in accordance with the laws of the State of New York. Any disputes shall be resolved in the courts located in New York. 10. Changes to These Terms We reserve the right to update or modify these Terms at any time. Continued use of the website constitutes acceptance of any changes.