The Legal Stuff

Website Terms of Use

 

By accessing or using this website (the "Site") in any manner, you agree to be bound

by these Terms of Use.

Brian Goodman Photography and Rainshadow Publishing, as well as Brian Goodman and Shira Goodman as individuals, are owners and administrators of the Site (“Owners”) and reserve the right to change the Terms of Use at any time, and to modify and/or limit access to the Site at any time without notice to you. 

 

Site Content and Intellectual Property

All content that is made available to view and/or download in connection with the

Site is the copyrighted work of, and is owned by, the Owners, and is protected by U.S. Copyright and other laws, including international treaty provisions. Additionally, Brian Goodman, as the artist and photographer of the images depicted in the Site, owns the copyright to all representations— digital, negatives, positives, printed, etc.— of all photographs, images and designs in the Site. You may not copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any such content without the express written permission of Brian Goodman Photography and Rainshadow Publishing. You may not frame or otherwise include the Site within any other website or software.

 

Reviews and Comments

We appreciate your reviews submitted on the Site or sent to our email address at bgoodmanphotography@gmail.com and other forms of communication to us.

We reserve the right to use all or part of your reviews and comments for our testimonial page and for other marketing purposes, without further notification to you. If you choose not to have your name associated with your comments, please let us know at the time of submission.

 

Disclaimer of Warranties and Limitation of Liability

The Owners will not be liable for lost profits or any damages, whether direct, indirect, special, incidental, or consequential, resulting from your use of the Site, its content, or services. You assume all risks associated with your use of the Site, including loss of data, or damage to your computer or other equipment. The Owners do not warrant that the Site, its servers, or emails sent from the Site or from other sources are free from viruses or other harmful effects.

 

Important Disclosure for Minors Under the Age of 13

YOU MAY NOT USE THE SITE IF YOU ARE 12 YEARS OLD OR YOUNGER. In order to ensure our compliance with COPPA (“Children’s Online Privacy Protection Act”), individuals under the age of 13 are prohibited from using the Site, including purchasing products or for any other purpose. This is for the protection of the child as well as the Owners. Any violation of this restriction will result in the immediate cancellation of any order in progress, cancellation of any registered account and all contact information, and possible additional actions taken by the Owners to further protect the rights and privacy of the child, which may include notifying the child’s parent or guardian.

 

Please note: Minors between the ages of 13 and 17 who use this Site are subject to all of the same Terms of Use as adult users. There are no special forgivable circumstances for minors.

 

Payment Terms

ALL SALES ARE FINAL. We are a very small business and therefore cannot accept

returns or exchanges. If there are special conditions, such as death, severe illness, natural disaster, etc., you may contact us with the details of your situation. This is not a guarantee of agreement to accept a return or exchange. Any decision made as a result of your request will be final.

 

By purchasing online on the Site, you are agreeing to all of the Terms of Use of the Owners. The completion of a purchase online is considered a contract between the buyer and the Owners. The buyer takes full responsibility for completing timely payment to the Owners. In return, the Owners agree to ship the product per the buyer’s instructions to the best of their ability and in a reasonable period of time.

 

Buyer warrants that any form of payment (e.g., credit card, etc.) used for purchasing

on the Site rightfully belongs to him/her or that explicit consent has been given by the cardholder to use that form of payment. Buyer accepts full responsibility for honoring payment for the purchase. The Owners accept no liability or fault for fulfilling a purchase made fraudulently by the actions of the buyer.

 

Risk of Loss


The risk of loss for all items purchased from this website passes to the buyer upon delivery of the item to the shipping carrier. If the package is missing or severely delayed after 3 weeks, and when tracking information is available, the Owners will make every effort to locate your package and/or provide you with the tracking number for your follow-up. However, the Owners assume no liability for loss if package retrieval or damage occurs.

Privacy Policy

 

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request and for Owner communications with you, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.

 

We will NEVER share your personal information with any person, organization or marketing company, except where required by law and/or in the investigation of potential or actual fraud.

 

Indemnification


You will indemnify and hold the Owners harmless from any claim, demand, loss, liability, costs, or expenses (including reasonable attorney fees), arising out of your misuse of this website, your breach of these Terms of Use, or your violation of the law or any rights of a third party.

 

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

 

Third-Party Sites

The Owners have no control over, and assume no responsibility, for the content, privacy policies or practices of any third-party sites or services. We strongly advise that you read the Terms of Use and privacy policy of any third-party site that you visit.

 

Applicable Law

This website is maintained through Brian Goodman Photography and Rainshadow Publishing, located in Port Townsend, Washington. Accordingly, this agreement shall be deemed to have been made in the United States in the State of Washington and shall be governed exclusively by the laws of the State of Washington without regard to conflict of law principles.