Terms & Conditions of Website Use
Dan Connaway is providing this website ( FantasyPhotographyokc.com ) as an information and entertainment service to visitors. By using the website or copying materials from the website, you agree to abide by these terms and conditions. If you do not agree to abide by these terms and conditions, do not use the website or copy materials from the website.
All views and opinions expressed on this web site are the views and opinions of Dan Connaway and are not an endorsement of any kind.
The information on this website is protected by copyright under both United States and foreign laws. Unauthorized use of such information may violate copyright, trademark and other laws. You have no rights in or to such information, and you will not use the information on this website except as permitted under these Terms and Conditions. You may not modify, transmit, participate in the sale or transfer of, or create derivative, slanderous or liable works based on any information on this website, in whole or in part. However, you may print a reasonable number of copies of the information on this website for your personal use provided that you maintain any notices contained in such information, such as all copyright notices, trademark legends, or other proprietary rights notices. No other use is permitted without prior written consent from Dan Connaway.
THIS WEBSITE AND THE INFORMATION AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS.” DAN CONNAWAY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Damages
IN NO EVENT SHALL DAN CONNAWAY BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS OR FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This website (excluding linked websites) is controlled by Dan Connaway within the State of Oklahoma. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from the State of Oklahoma, by accessing this website, both you and Dan Connaway agree that the statutes and laws of the State of Oklahoma will apply to all matters relating to the use of this website, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this website shall only be brought in the state and federal courts sitting in the City of Oklahoma City Oklahoma. Dan Connaway makes no representation that materials on this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
In the following terms & conditions “the Photographer” shall mean Dan Connaway trading as Connaway Photography or Fantasy Photography. “The client(s)” shall be those persons or person using any service of the Photographer.. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the Photographer in writing.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the 1979 Federal Copyright Ace. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the Photographer/s in writing.
The Photographer will endeavor to put the client(s) in touch with another Photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
These Terms and Conditions shall be governed and construed in accordance with the Laws of Oklahoma and the United States of America.
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the Photographer’s liability (if any) shall be limited to rectifying such defect.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
The Photographer shall be granted artistic license in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgment regarding the locations, poses and number of photographs taken shall be deemed to be correct.
All photograph and image sizes are nominal. The Photographer will provide a pleasing color balance but cannot guarantee exact color matching. In the case of part mono/part color images, the colors used will be subject to the Photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Connaway Photography or Fantasy Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass.
Connaway Photography or Fantasy Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Connaway Photography or Fantasy Photography in writing of any discrepancy or error within 14 days of receipt.
The Photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
The photography lab will review all photographs for blemishes, scars, stretch marks, bruises, female facial lines etc., and will automatically correct problem areas. The charges will be passed on to the customer. These fees will be due upon receipt of photographs. A service charge of 2% per month will be added to all past due accounts. Minimum charge is $1.00. Negatives, digital files, proofs, and prints are copyrighted and remain the property of the studio. Reproduction by anyone other than Connaway Photography or Fantasy Photography is illegal under the January 1979 Federal Copyright Law.
Purchaser of any photographic media is entitled to only one usage right. Additional funds are required for additional usage needs. Once the photography order is approved, no cancellation for any reason is allowed. Any default in payment will result in the entire amount, plus all additional penalty fees, being due in full. Upon such default, the acceptor or any agent, thereof, agrees to pay all costs of collection, including reasonable attorney’s fees, collection agency costs, and court costs associated with collection of such payments.
The client(s) hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. The studio reserves the right to use negatives, digital files, and/or reproductions for the unrestricted purposes of display, exhibition, and any other intentions. The Photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by anyone including employees from Connaway Photography or Fantasy Photography. Acceptance of any and/or all services of Connaway Photography or Fantasy Photography constitutes full knowledge, understanding, authorization, and agreement to the above mentioned terms by the person affixing signature to any location on this contract. Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the Photographer’s discretion.
Original digital images are kept on an active file for three months, after which time the raw images are stored in a secure location (access to these images is solely limited to the Photographer). Raw image files may be deleted at the discretion of the Photographer. Any complaints should first be raised by the client with the Photographer in writing within 21 days from the date of receipt of images.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
All images ©1992-2015 Dan Connaway.