Welcome to Jamie Lucas Images and Ampersand Creative. Please read these Terms and Conditions ("Terms") carefully.
No editing will commence until full payment of the print order is received. Any changes made to your order require the consent of both the photographer and client by e-mail or in writing.
Due to the cost and print time, it is understood that once a print order is sent for print, no further changes can be made to the order.
By purchasing or using the gift credit, you are agreeing to these terms and conditions, and to the fee(s) stated below, if any, associated with the gift credit.
DEFINITIONS: “Agreement” means the terms and conditions set out in this gift credit holder agreement, which govern your use of the gift credit. The terms "gift credit", mean the prepaid gift credit issued by Jamie Lucas Images or Ampersand Creative in either gift certificate format or online electronic credit for shop.jamielucas.com. The value of the funds on the gift credit is referred to herein as the "Balance". "Gift credit holder" means an individual who activates, receives and/or uses the gift credit. "Transaction Amount" means the amount that is debited from the Balance in connection with your use of the gift credit, which amount includes both the amount of the Balance to be transferred and the fees and taxes imposed to complete the transaction. "You", "your" and "yours", each means the gift credit holder. The “Website” means www.jamielucas.com.
SPLIT TENDER TRANSACTION: If client does not have enough funds available on the gift credit to cover the entire transaction amount, Jamie Lucas Images or Ampersand Creative will support a “split tender transaction” where you can charge a part of the purchase to the gift credit and pay the remaining amount with an accepted alternative payment method.
CREDIT RESTRICTIONS: The gift credit can be used only to purchase goods and services with Jamie Lucas Images and Ampersand Creative. This gift credit is non-refundable or redeemable for cash and must be used by the recipient only. The gift credit may be refused at any time if fraud is suspected.
EXPIRATION DATE: Your right to use the gift credit expires on the date indicated directly on the gift certificate.
LOST OR STOLEN GIFT CREDIT: You agree to protect your gift credit against loss, theft, or unauthorized use by taking all reasonable precautions. We recommend that you write down the gift credit number and the customer service number in case the gift credit is lost or stolen. If your gift credit has been lost or stolen or if you have reason to believe that someone has made an unauthorized transaction with your gift credit or may attempt to use your gift credit without your permission, you agree to notify us IMMEDIATELY by calling 647-893-5263. All transactions carried out prior to such notification shall be deemed to have been authorized by you. You will be asked to provide us with your name, the gift credit purchaser information, and the original gift credit value and transaction history. We cannot re-issue a gift credit if you do not have your gift credit number. If our records show that a Balance still remains on the gift credit, we will cancel the gift credit and make such available Balance amounts available to you on a re-issued gift credit. It may take up to thirty (30) days to process your re-issuance request.
FEES: A $10.00 replacement fee will be charged to replace lost, stolen or damaged gift credit.
THE PREPAID GIFT CREDIT: The gift credit is a studio-value, prepaid gift credit that is the property of Jamie Lucas Images and Ampersand Creative and is subject to the terms of this Agreement. Client is strictly limited to the right to use the gift credit in accordance with this Agreement as payment for goods and services from Jamie Lucas Images or Ampersand Creative.
AVAILABLE BALANCE: Each time you use your Gift credit, you authorize us to reduce the value available on your gift credit by the amount of the transaction and any applicable taxes or other charges assessed by Jamie Lucas Images and Ampersand Creative. If, however, due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the gift credit, creating a negative Balance, you agree to reimburse us upon request for the amount of the Transaction Amount in excess of the Balance. You agree that we may lock or revoke the gift credit without notice if we do not receive funds from you in the full amount of the activated Balance on the gift credit.
RECOVERY FROM LOSS, THEFT, OR UNAUTHORIZED USE: You agree, to the extent permitted by law, to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution.
OWNERSHIP AND USE OF THE GIFT CREDIT: The gift credit is and will remain the property of Jamie Lucas Images and Ampersand Creative. However, you will be solely and completely responsible for the possession, use and control of the gift credit. You must surrender the gift credit to us immediately upon request. If you authorize another person to use the gift credit you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the gift credit by such person. To use the gift credit, simply present the gift credit at the time of payment either in person, or online using the applicable gift credit code. As you use the gift credit, the gift credit's Balance will be reduced by the full amount of each purchase including taxes, charges and other fees, if any. The gift credit can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the gift credit is sufficient.
You do not have the right to stop the payment of any transaction you conduct with the gift credit. We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE: From time to time, gift credit services may be inoperative, and when this happens, you may be unable to use your gift credit or obtain information about the Balance on your gift credit. Please notify us if you have any problems using your gift credit. You agree that we are not responsible for any interruption of service.
TERMINATION OF PROGRAM: We have the right to terminate the gift credit program at any time.
LIMITATION OF LIABILITY: Except as otherwise expressly required by this agreement or applicable law, we will not be liable to you for performing or failing to perform any obligation under this agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of Jamie Lucas Images or Ampersand Creative to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Not in limitation of the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event shall you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages.
SEVERABILITY: If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
CONTACT INFORMATION: If you have questions regarding the Gift credit, or need to report a lost or stolen Gift credit, you may call us at 647-893-5263 or e-mail to firstname.lastname@example.org.
You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, Website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, and forces of nature.
YOUR USE OF OUR WEBSITE: You may access and use our Website solely for your personal, non-commercial use. Except as expressly authorized hereunder, our Website may not be reproduced, duplicated, copied, sold, resold, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Website in whole or in part, at any time in our sole discretion.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any "computer viruses" that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Website, solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Website or create derivative works of any portion our Website without our written consent.
While using any of our Website, you agree not to:
• Act responsibly with regard to the Website and its use;
• Defame, abuse, harass, stalk, threaten or otherwise violate any laws or the rights of others, including, without limitation, others' privacy rights or rights of publicity;
• violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website's systems and integrity;
• Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
• Restrict or inhibit any other user from using any of our Website, including, without limitation, by means of "hacking" or defacing any portion our Website, or interfere or disrupt computer networks
• Violate any applicable laws or regulations;
• Upload to, transmit through, or display on any of our Website (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
• Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website; and
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website.
Some features of our Website may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Website and/or the amount of storage space available for transmissions or for any feature made available through our Website.
YOUR MEMBER ACCOUNT: You may create a member account on our Website by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Website. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
You will immediately notify us of any unauthorized use of your account on any of our Website.
In order to create a member account with any of our Website, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Website.
There are no refunds on digital downloads.
Please always contact us first with any concerns you may have!
AMPERSAND CREATIVE RETURN POLICY
If you are for whatever reason you are unhappy with your item, please contact us within 24 hours of receiving your product or package package and we will work with you and do my best to resolve any issues. Items returned (within 7days of receiving your order) in new condition will receive a store credit minus the shipping cost. If the sale is not in the best interest of the continued operation of the business, Ampersand Creative reserves the right to refuse the sale or cancel the order providing a full refund.
MAKING PURCHASES: If you wish to purchase any products or services through any of our Websites, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).
LIMITATION OF LIABILITY:TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR PHOTOGRAPHERS, EDITORS, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF JAMIE LUCAS IMAGES OR AMPERSAND CREATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT JAMIE LUCAS IMAGES OR AMPERSAND CREATIVE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, NEITHER JAMIE LUCAS IMAGES NOR AMPERSAND CREATIVE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF JAMIE LUCAS IMAGES AND AMPERSAND CREATIVE ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
JURISDICTIONAL ISSUES: Our Website is controlled and operated from Canada. Our Website is not subject to the laws or jurisdiction of any province, country or territory other than that of the Canada. We do not represent or warrant that any of our Website, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Jamie Lucas Images and Ampersand Creative do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
MISCELLANEOUS: These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any Provincial or Federal court located in Toronto, Ontario, Canada, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
TERMINATION: Either you or we may terminate your access to our Website and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Website will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, Jamie Lucas Images and Ampersand Creative may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Website and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.