TERMS AND CONDITIONS
The Monica Shulman website is owned and operated by Monica L. Shulman Photography LLC and/or its subsidiaries and affiliates (collectively, “Monica Shulman”). The use of Monica Shulman's website and/or its mobile applications ("Site") indicates your unconditional acceptance of these terms and conditions ("Terms and Conditions"). We reserve the right, in our sole discretion to update or revise these Terms and Conditions. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The Terms and Conditions govern the use of the Site as well as the purchase of any products or services available through this Site. This online store is available for non-commercial use only and Monica Shulman reserves the right to refuse orders that we deem to have been placed by commercial entities or for commercial reasons. If you would like to place an order for commercial use, please email us at firstname.lastname@example.org and we would be happy to work with you. If you have any questions regarding these Terms and Conditions, please email us at email@example.com.
If you do not wish to be bound by these Terms and Conditions, please do not use this Site.
The terms “we,” “us” and “our” refer to Monica Shulman.
Headings are for convenience only and shall be ignored in interpreting these Terms and Conditions.
License and Access
We grant you a limited, revocable license to access and make personal use of the Site. Any use of the Site or its content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You are not permitted to:
- Reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content ("Site Content") for any purpose, except as expressly provided;
- Use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet "search engines," hit counters or similar technology);
- Use any meta tags, search terms, key terms, or the like that contain the Site's name or trademarks used on the Site;
- Engage in any activity that interferes with the Site or another user’s information or use of the website;
- Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the website; or
- Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
You acknowledge that:
- The content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Monica Shulman and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
- If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you.
- We reserve all rights in and to the Site unless we expressly state otherwise.
You confirm that:
- You are eighteen (18) years of age or older.
We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders in our sole discretion.
You represent that all of the information, data and other materials you provide on this Site or to Monica Shulman through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as necessary.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
The types of personal information we may obtain include, but is not limited to:
- Your contact information (such as name, Twitter handle, postal and email address, or phone number)
- Contact information of friends or other people you would like us to contact
- Payment details (including payment card number, security code, expiration date, cardholder name and billing address)
- Shipping information (including the shipping address and phone number)
- Demographic information (such as age, date of birth and gender)
- Information you provide by interacting with us through social media, including photographs
- Location information, such as the real-time geographic location of the device on which you install our mobile applications
- Shopping behavior and preferences, and a record of the purchases you make on our websites
- Other details that you may submit to us or that may be included in the information provided to us by third parties
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Monica Shulman. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and policies may apply to your use of any linked sites or resources. Monica Shulman is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
You will indemnify and hold harmless Monica Shulman from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Monica Shulman and such parties, and shall defend Monica Shulman and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) your breach of the Terms and Conditions; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Monica Shulman will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Monica Shulman.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, MONICA SHULMAN MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF MONICA SHULMAN, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH MONICA SHULMAN SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MONICA SHULMAN DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SOME OF THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED BY INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MONICA SHULMAN. MONICA SHULMAN IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER MONICA SHULMAN NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THIS SITE; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MONICA SHULMAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MONICA SHULMAN NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MONICA SHULMAN IS TO DISCONTINUE YOUR USE OF THE SITE.
We describe the products and services offered through the Site as accurately as possible. However, we do not warrant that these descriptions or other content of the website are absolutely accurate, complete, reliable, current or error-free.
Order Acceptance; Payment Processing
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
You acknowledge that payment for your order will be processed upon submission of your order through the Site.
All photography prints are made to order and all paintings are original. Monica Shulman has a no return and no refund policy. All orders placed through the Site are final sale. However, if you receive the wrong print or artwork or a print or artwork is damaged when it arrives to you please contact firstname.lastname@example.org and exceptions can be made on a case by case basis.
All notifications regarding damaged or incorrectly shipped packages must be received by Monica Shulman within 3 days from receiving your order. Please allow 3-5 business days for review.
If we make an exception and approve your request for a return based on the reasons stated above, you have 10 calendar days to return the item from the date we respond to your notification. To be eligible for a return, your item must be unused and in the same condition that you received it and must be accompanied by the receipt or proof of purchase.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable.
All photo prints are made to order and the standard lead time is 2-3 weeks for production from the date you order is placed. All artwork is original, unless otherwise stated in a listing, and will ship 2 to 3 business days after your order is placed. All orders placed on the weekend will be processed the following Monday. Tracking confirmations will be provided once the order has shipped. Full payment must be authorized before any order is shipped.
Assignments; Third Party Beneficiaries
You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Monica Shulman, which may be withheld at Monica Shulman’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void.
Monica Shulman may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.
No failure or delay by Monica Shulman to exercise any right or remedy provided under this Agreement by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict further exercise of that or any other right or remedy.
Monica Shulman shall be excused from performance under these Terms and Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Monica Shulman.
If at any time, we notify you that your access to and/or use of the Site is terminated, you must cease and desist from all such access and/or use immediately.
If we terminate your use of the Site for failure to comply with these Terms and Conditions or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your user content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account or access to the Site.
We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.
Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Monica Shulman or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Monica Shulman or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Monica Shulman’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Monica Shulman’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
Choice of Law and Forum
You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us relating to the use of this Site. Any dispute relating in any way to your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in East Hampton, New York, and you consent to exclusive jurisdiction and venue in such court.
Modification and Severability
We reserve the right to make changes to our Site, Terms and Conditions and policies at any time and in our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit the Site. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes.
If any of the Terms and Conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severed and deleted to the extent required and shall not affect the validity and enforceability of any remaining term or condition.
If any invalid, unenforceable or illegal provision of the Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
These Terms and Conditions constitute the entire agreement and understanding between you and Monica Shulman with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
In some instances, both these Terms and Conditions and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Posted: May, 2017