Introduction
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in this language.
Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
Electronic Communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy and Cookie Policy.
Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Jason Houge Studios Dispatch
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
Third-party Property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information
Responsible Use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States.
Definitions
Open Edition Prints
Prints that are labeled as Open Edition are produced as orders are received.
Limited Edition Prints
Prints that are labeled as Limited Edition have a limited number available and are irreplaceable.
Usage of Prints
All prints sold via this shop are for personal usage only, intended for display in the home or other private spaces. For all other uses, such as display in public spaces or institutions, publishing the image online or in print, or any other form of usage, permission must be granted by the artist directly. For questions and licensing images for usage other than personal display send us an email.
Interested in licensing images or prints? Click Here
Return Policy
Cancellation and Refunds for Unshipped Items
You may can cancel any order that has not yet been shipped. To cancel an order prior to shipping email [email protected] promptly for a full refund. Once items have been shipped the below applies. In-Store Credit, Gift Cards, and downloads cannot be returned or refunded.
Requests to cancel and refund unshipped items: Click Here
Returns on Shipped Items
Items may be returned within 14 days after the order has been received. Items being returned must be unused, undamaged and in their original packaging. See below for information on returning and exchanging items damaged during shipping.
Items returned to our shop as undeliverable or after multiple delivery attempts will be treated as a return. Additional shipping will be charged for requests to reship an undeliverable order. In the event an order is returned as undeliverable we will attempt to contact you twice via the email on record for the order. If after a month we have not received a response, your item(s) will be processed as a return and a refund issued minus the shipping costs.
Exchanges
In most cases exact exchanges may only be made on damaged and defective items. Limited edition prints are finite and have very limited availability and quantity, therefore these prints may not have exact exchanges available. If an item arrives damaged you must keep all packing materials for insurance purposes. Items must be retuned, received and inspected before an exchange may be processed. Exchanges for different items will be treated as a return and refunded, minus the original shipping charges. Additional shipping will be charged to send replacement items.
Return and Exchange Procedure
All return and exchange claims must be made within 14 days of receiving your order. To initiate your claim contact [email protected] to receive a Return Authorization Number. Once your return has been reviewed and approved you will be provided with instructions for where to return your item(s). To ensure a safe and speedy refund or exchange your return shipment must be properly insured for the value of the items and sent with tracking and/or delivery confirmation. In the event returned items are not received, we will not be able to issue a refund. Buyers outside the U.S. are responsible for all return shipping costs. To process your claim all returns and exchanges require a proof of purchase or receipt.
Once a return has been received and inspected we will send an email to inform you we have received the returned item(s). You will also be informed if your return has been approved or rejected. Rejected returns will not be refunded. Approved returns will be processed and a refund applied to the original form of payment.
Requests for a return or exchange: Click Here
Refunds
Refunds will be issued based on the price of the item(s) and any applicable sales tax, minus the original shipping charges. If purchases are made with any currency other than the U.S. Dollar refunds will be based on the daily exchange rate for that currency on the day of the original purchase. Refunds on returns are processed within a day of being accepted however it may take 7 to 10 days for a refund to appear in your payment account.
Shipping
Fulfillment
All orders are processed through the Jason Houge Studios, LLC home office in Madison, Wisconsin, USA. For most domestic and international shipping we currently use the U.S. Postal Service and FedEx. In cases where it may be safer for the work, we may use DHL or UPS.
Questions regarding international (outside the U.S.) orders: Click Here
Damaged in Shipping
Promptly contact us at [email protected] if your shipment arrives damaged. We ask that you take photos of the box prior to opening it, if possible, and state of the contents within the box and attach these images to your initial email. You must retain all original shipping materials and packing for insurance purposes. We will work with you and the shipping company to find the right solution for this situation.
Report a damaged shipment: Click Here
Lost Shipment
If your order seems to have gone missing, please contact [email protected] no later than 3 weeks for U.S. orders and 5 weeks for International orders after you have received your shipment notification. We will do our best to work with you and the shipping company to locate your order or replace it. Unfortunately, we will not be able to assist you after this time frame has passed.
Report a lost shipment: Click Here
Legal Terms and Conditions
Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Warranties and Liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our products or services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations.
- Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
Indemnification
You will indemnify, defend and hold harmless the Photographer and Company against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You agree to promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims. In addition to the aforementioned, any agreed upon commercial use of materials sold through this site or in person: Client will indemnify, defend and hold harmless the Photographer and Company against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any materials or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client’s sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client’s purposes. Photographer’s liability for all claims shall not exceed in any event the total amount invoiced.
Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Disputes
Except as provided below, any dispute regarding this agreement shall, at Photographer’s or Company’s sole discretion, either:
(1) be arbitrated in Madison, WI, under rules of the American Arbitration Association and the laws of WI; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Madison, WI under the laws of the United States and/or of WI.
(3) In the event of a dispute, Client shall pay all court costs, Photographer’s and/or Company’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer and/or Company.
Federal Jurisdiction
Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer and Company under the Copyright Act of 1976, as amended, including subsidiary and related claims.
Updating of these Terms and Conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
Severability Clause
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.