Website Terms and Conditions

These terms and conditions govern your use of this website and purchases made thereon. Your use of these services constitutes acceptance of these Terms and Conditions and creates a binding legal agreement, so please read them carefully. Please note, you must be 13 years or older to purchase anything from this site.

Definitions

For the purposes of this document and agreements, the following definitions shall apply:

PHOTOGRAPHER refers to Chris Cummings Photography, LLC, employees, agents, contractors and anyone else working under the direction of the aforementioned.

CLIENT refers to the purchaser of photographic prints, canvas, or other product or the purchaser of photography services.

SHOOT refers to the photography session, whether it be an event, portrait, wedding or other.

Color, Toning and Cropping

Please keep in mind that the variety of displays may have vastly different color rendering and toning. We try to use a color space that is used most with computer displays, but we cannot guarantee the color on your display and the color of the actual product will match exactly. We will inspect your product before it ships to make sure the color is as our photographer(s) toned it before we ship to you.

Most of our photos are cropped to a 4×5 aspect ratio. Any products ordered with a different ratio will be cropped accordingly for that ratio and may not exactly match the photo on the website.

You agree and accept that colors, toning and cropping of your final product may be slightly different than what is shown on your display.

Ordering and Shipment

Once you submit an order and payment is received, we place the order with our preferred lab by the next business day. Because quality is important to us, orders will be inspected by us before we ship them to you. Please allow 2-4 weeks to receive your order.

Payment

On our website, we use PayPal as our processor. You do not need to have a PayPal account to order by credit card. We accept Visa, Mastercard, Discover, and American Express.

Refunds

Prints, canvas, and other photo products that are damaged in shipping will be provided a replacement product at no additional charge with the return of the damaged product. If a refund is warranted, we will provide a refund for the order within two (2) business days of receipt of the product. Refunds will usually be made to the type of payment used. Cash and check payments will receive a mailed check.

Guarantee, Disclaimer of Warranty and Limit of Liability

While we strive to ensure satisfaction with all of our customers, we will work to resolve any issues quickly and professionally. If a product is damaged in shipping, we will replace it or issue a refund in accordance with our refund policy.

The site and services are provided “as is” with no warranties whatsoever. All express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Chris Cummings Photography, LLC disclaims any warranties for the security, reliability, timeliness, and performance of this site. We do not warrant that the functions performed by this site will be uninterrupted or error-free, or that the site or servers that support it will be free from viruses or other harmful components. We do not warrant the accuracy or completeness of any content related or products on this site.

Chris Cummings Photography, LLC and photographer(s) grant no rights and make representations or warranties with respect to the use of any names, individuals, likenesses, trademarks, logotypes, copyrighted designs  or works of art or architecture depicted in any image.

You understand and agree that the download of any content or material through this site or service is done at your own discretion and risk and that you will solely be responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download of any such material.

To the fullest extent allowed by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of (1) the use or inability to use this site or service; (2) any transaction conducted through or facilitated by the site; (3) any claim attributable to errors, omissions, or other inaccuracies in the site or the service; (4) unauthorized access to or alteration of your transmissions or data, or (5) any other matter relating to the site or service or products offered on this site, even if we have been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Chris Cummings Photography, LLC’s liability shall in no event exceed the total of funds received for a particular order.

Copyright and License

All images and photographs on this site are copyrighted per USC Title 17 (US Copyright Law) by Chris Cummings and Chris Cummings Photography, LLC, unless otherwise noted.

Chris Cummings and Chris Cummings Photography retain the absolute, unrestricted and perpetual copyright and permission to use, re-use, publish, republish, sell, distribute for sale, license, or any other purpose whatsoever to any and all photographs taken by PHOTOGRAPHER without restriction.

Unless specifically licensed to do so, you may not copy, print, scan, email, publish, republish, sell, distribute for sale, license, or remove any watermark from any photograph, or use for any other purpose except for display in the original medium.

Indemnification

You understand and agree that you are personally responsible for your behavior in connection with the use of the Site and our service. You agree to indemnify, defend and hold harmless Miller’s, the Photographers, and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) images you order from the site, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of this Agreement, or (d) any violation of any rights of a third party.

Jurisdiction

Any agreements and/or purchases shall be governed by the laws of the state of Oklahoma. All parties agree and consent to jurisdiction in the County of Muskogee, State of Oklahoma for any claim relating to the enforcement of, or any rights under, these terms and conditions. Chris Cummings Photography, LLC’s failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.

Severability

Should any provision of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.