Foto RelevanceWorking with Collectors and Artists of Contemporary Photography
Frequently Asked Questions
Why do photography-based artists work with Foto Relevance?
Foto Relevance makes the business of art easier for the contemporary photography-based artist. Foto Relevance aligns the photographer’s work with the needs of the art consultant, architect, or collector. We help an artist find opportunities for presentation of their work for art consultants, installation or collection.
What services are available for artists?
The artists must apply and be accepted for representation by Foto Relevance. Foto Relevance is interested in contemporary photography-based work that is either a traditional work on paper or other art medium that incorporates photography. Artists will complete an initial information page and then be interviewed.
Foto Relevance will discuss a written representation agreement with the artist. It is Foto Relevance’s philosophy is be transparent with the artists and clear on how we will work together.
Artist that are accepted will then be requested to provide images for each portfolio that will be displayed in Foto Relevance’s artist database. The database will be searchable by various terms and classifications. Only art buyers that have accepted Foto Relevance’s terms and conditions and policies & procedures will be permitted access.
Art buyers will be able to post opportunities that Foto Relevance will use to match artists work. If there is an interest, the artist will be contacted to begin a discussion with the potential purchaser.
Today’s art market is changing and Foto Relevance wants to help artists be noticed and relevant.
Please contact us at email@example.com if you have other questions.
Why do art buyers work with Foto Relevance?
Foto Relevance, LLC, is a for-profit venture that helps organizations or individuals find and acquire photography-based art. Photography-based work can be a traditional work on paper for a collection or made part of an installation. Following a collector’s interest or an art consultant’s vision for their clients, Foto Relevance reaches into the art market to provide a curated selection of artists. Depending on the buyers requirements, Foto Relevance works with artists, or their representatives, to bring work matching a posted need.
The confidential “Posting Space” at Foto Relevance enables Foto Relevance to define opportunities and match the art buyer’s search requirements. Artists and Foto Relevance understand, in advance, to which mediums and uses the artist is open for their work. Foto Relevance focuses on contemporary works with open and transparent communications that bring business processes to art.
What services are available for art buyers?
Foto Relevance provides access to a curated database of photography-based images searchable by category or classification to approved art buyers. Art buyers are those collectors, art consultants or others who have agreed to Foto Relevance’s policies, procedures, terms and conditions. There is no charge for this access.
There is also the opportunity for Art Buyers to use Foto Relevance’s confidential “Posting Space” to provide a description of an opportunity. Foto Relevance will search, at no cost, its database of artists it represents to assist with matching these artists to the opportunity. If a possible match is identified, Foto Relevance will facilitate a discussion and/or meeting of the buyer and artist.
Assisted searches are also available for an agreed fee. Foto Relevance has worked with many galleries and is glad to search not only within its curated artists that it represents, but also its broader knowledge of available works and its network.
Please contact us at firstname.lastname@example.org if you have other questions.
Information on Artwork
Foto Relevance will be glad to discuss or provide a detailed descriptions of each work. Each piece is a custom produced item. The works are signed, and if editioned, numbered. The type of paper or other materials used for printed or constructed works will be provided upon request so that the acquirer fully appreciates the artisan’s creative efforts and craftmanship. Foto Relevance welcomes all inquiries and is glad to also provide input on framing or placement.
All artwork represented by Foto Relevance are unique pieces. For all orders, please contact us to discuss production time, shipping, handling, insurance and delivery costs and schedules.
We know our artists. The authenticity of a work will be evident in the form of email communication and/or letter from the artist. Each portfolio provides information on the artists and links to other information that may be available about them or their work.
What is a Registered Account?
Registered Accounts with Foto Relevance LLC are required for buyers. The account provides for easy, convenient and personal communication including posting opportunities and details for the acquisition of art. Foto Relevance takes seriously the confidentiality of our clients and information about their interests, collections and inquiries.
Having a registered account allows buyers to request, under different fee arrangements, searches beyond just the artists represented by Foto Relevance. Please contact us through the web form or call 713-325-4461. We look forward to assisting those interested in acquiring and collecting contemporary photography.
What is the cost for shipping, handling and insurance?
Because all photography-based items are custom produced, delivery may take 2 to 4 weeks, and will vary based on the item, the artist’s availability and the shipping destination. Items for installation or unique production may take longer and will require discussion and agreement as to expectations and timing. Shipping costs are determined based on price, weight, dimensions and destination of the art work. An estimate may be provided, but is subject to change until finalized.
Most packages will generally be shipped by a service like FEDEX, although other shippers might be used. Coverage against loss is generally the “Declared Value”, which will be based on the cost of the art in this case. Foto Relevance will arrange for the insurance on shipping of the item, and the cost will be be included in the invoice as part of “Shipping, Handling and Insurance”. The costs for shipping, handling and insurance will be estimated and discussed with you prior to finalization of the invoice and shipping to be sure the art is packaged and shipped to the appropriate location to arrive safely and securely based on your instructions.
What is the refund or returns policy?
Items offered by Foto Relevance are custom produced and are not subject to refund. Once an item is shipped or installed, the sale cannot be cancelled and is final.
Many jurisdictions provide for a Sales or similar tax on the purchase on goods and services. If taxes, such as Sales or similar taxes, are required to be assessed on a purchase, these will be provided for and listed on the on the invoice.
Foto Relevance, LLC
As of 3-6-2015
Foto Relevance, LLC (“Foto Relevance”, “Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit Foto Relevance’s website, www.fotorelevance.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
- On this Website.
- In e-mail, text and other electronic messages between you and this Website.
- Through mobile and desktop applications of Company that you may download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- Company offline or through any other means, including on any other website operated by Company or any third party (including any affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Persons Under the Age of 18
Our Website is not intended for persons under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from persons under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at email@example.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number, other identifier by which you may be contacted online or offline, or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”);
- that is about you but individually does not identify you, such as geographic location; and/or about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies.
- From third parties, for example, our business partners or associates.
Information You Provide to Us.
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information, if you report a problem with our Website.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your orders.
- Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties outside of any specific agreements for such content posting (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.
The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we may use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information, herein.
- Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information, herein.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account or use of the Website.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information, herein.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
- To third parties to market their products or services to you. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information, herein.-
- To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use an “e-mail a friend” or other type of social media feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by not using the Website. You may also send us an e-mail at firstname.lastname@example.org stating your request to opt out, but we cannot guarantee that we will be able to accommodate any such opt out request. The only certain way to opt out is to not use the Website.
- Promotional Offers from the Company. If you do not wish to have your e-mail address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by not using the Website. You may also send us an e-mail at email@example.com stating your request to opt out, but we cannot guarantee that we will be able to accommodate any such opt out request. The only certain way to opt out is to not use the Website.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by not using the Website. You may also send us an e-mail at firstname.lastname@example.org stating your request to opt out, but we cannot guarantee that we will be able to accommodate any such opt out request. The only certain way to opt out is to not use the Website.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
Accessing and Correcting Your Information
If you have a user account with the Website, you can review and change your available personal information by logging into the Website and visiting your account profile page.
You may also send us an e-mail at email@example.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Last modified: March 6, 2015
Foto Relevance LLC - Terms and Conditions
Site Terms and Conditions of Use
as of 8-2015
1. User’s Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, information, educational materials, and other materials about photography and photography-based art, photography printing and installation of photography and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password that are obtained by your becoming a member. When you become a member, you must provide certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By becoming a member, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, blog or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or post any content containing child pornography;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or house any manual or automatic mean, including agents, robots, scripts, or spiders to access or manage any user’s account or to monitor or copy this site or the content therein;
f. impersonates any person or entity, including any of our employees or representatives.
g. Art Consultants, Collectors or others acquiring photography-based art or artists featured by Foto Relevance agree not to use this site to circumvent or undermine Foto Relevance or its service offerings in any manner, including but not limited to contacting artists directly that have a business relationship with Foto Relevance within the last 12 months.
h.Artists agree not to circumvent or undermine Foto Relevance or its service offerings in any manner, including but not limited to contacting collectors, art consultants or others who have a business relationship with Foto Relevance within the last 12 month period.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You may not utilize this site in any way that is counter to its intended purpose, including, but not limited to mining, scraping or capture of data contained herein through repetitive or automated means. This excludes internet search engines as enumerated in defined robot files. Violators may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright ©2015 FotoRelevance All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you.
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content.
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Foto Relevance LLC
Address: 5023 Heatherglen Dr, Houston, Texas 77096
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within Harris County Houston, Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Harris County, Houston, Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas and Harris County, Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.
Arbitration. The exclusive venue for all disputes arising under this Agreement shall be binding arbitration before a single arbitrator in Houston, Texas, which shall be settled in accordance with the rules of the American Arbitration Association. The award shall be a reasoned award and may only include compensatory damages (consequential, punitive or enhanced damages may not be awarded) and rendered within 30 days of the conclusion of the arbitration hearing. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof and the Parties agree to submit to the jurisdiction of the State of Texas for the purposes of enforcement of this arbitration agreement or any award rendered by the arbitrator. Notwithstanding any other provision of this Agreement to the contrary, neither Party shall be precluded from seeking injunctive relief or a temporary restraining order prior to implementing procedures for conciliation or arbitration hereunder provided that such party determines in the good faith exercise of its best judgment that it will suffer irreparable harm or injury by any delay caused by mediation or arbitration proceedings.
Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Harris County, Houston, Texas with respect to such matters.
All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to the attention of Foto Relevance LLC at 5023 Heatherglen Dr., Houston, Texas 77096, USA, or email@example.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Terms of Sales
By placing any order, you are offering to purchase a product subject to our terms & conditions. In order to contract with Foto Relevance, you must be over 18 years of age and possess a valid credit card acceptable to us. If your order is accepted, we will inform you by email and confirm the identity of the party which you want to contract with. Where a contract is made with a third party, Foto Relevance is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they provide to you.
When placing an order you represent that all details you provide to us are true and accurate, that you are authorized user of the credit card or other arrangement used to place your order and that there is sufficient funds to cover the cost of the goods or services. All prices are to be stated and based on the US Dollar ($ or USD). When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email only be an acknowledgement and will not constitute acceptance of your order. A contract between us will be formed when we send you a confirmation by email that the goods or services which you ordered will be provided or sent to you. Only those goods or services listed in the confirmation email sent will be included in the contract formed. We will try to have the details, descriptions, and prices which appear on this website accurate, but errors may occur. If we discover an error in price of any good or service which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. Delivery will be charged in addition.
Items offered by Foto Relevance are not subject to refund. Once an item is shipped or installed, the sale cannot be cancelled and is final.
Because all photography-based items are custom produced, delivery may take 2 to 4 weeks, and will vary based on the item, the artist’s availability and the shipping destination. Items for installation or unique production may take longer and will require discussion and agreement as to expectations and timing. All shipping and insurance costs will be paid by the purchaser and added to the invoice. Shipping costs are determined based on price, weight, dimensions and destination of the art work. An estimate may be provided, but is subject to change until finalized.
Subscriptions for the use of the site’s features will renew automatically each month, until cancelled by you, and will be billed to your credit card that you provided. Cancellation must be made thirty (30) days in advance of its effective date and made in writing by email to firstname.lastname@example.org. No partial fees will be refunded.
Any past due fees and costs will be sent to collections. If collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Any provision of an relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being voided , invalid, illegal, unlawful or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
22. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Foto Relevance LLC. Please contact us at email@example.com.
23. Special Terms and Conditions Regarding Blog/Messaging Posts/Links
23.1. Disclaimer of Responsibility for Blog Content
You understand that all content posted to the Blog (the “Content”) is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting such links or content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated organizations, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) Blog/Messaging links are provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog/Messaging links/postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Blog is prohibited. No Content should be directed toward minor children.
23.6. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
23.7. Acceptance and Acknowledgement of Terms
24. Entire Agreement
For other inquiries, see the rest of the Frequently Asked Questions (FAQ), or contact us.