All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Caldera Media’s online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Caldera Media must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between the TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.

PRICING & PAYMENT TERMS

Purchasing of Media, Products, and/or Services through Caldera Media online store requires that the customer provide valid Payment Information as required by the online store. Caldera Media reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon Caldera Media’s written request.

The TERMS OF SALE requires the customer agrees to financially reimburse Caldera Media for all costs incurred during the collecting of amounts owed by the customer to either Caldera Media or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.

The customer is solely responsible for any taxes that they are obligated to pay, or that Caldera Media is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). Caldera Media reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, Caldera Media may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.

PRODUCT AVAILABILITY AND PRICING

Caldera Media and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is placed, in which case Caldera Media will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.

PRODUCT DESCRIPTIONS

Caldera Media does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on the type of device used to view the online store, and Caldera Media cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

Caldera Media and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.

In the event of any error, Caldera Media reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in the event of such error is to cancel the order.

DIGITAL IMAGE LICENSING

Caldera Media permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

• The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Caldera Media. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.

• Under this provision, neither Caldera Media and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).

CUSTOMER ALLOWABLE ACTIONS

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

• The customer may display Product(s) and Media on personal websites portable electronic devices and computers.

• The customer may make images and or prints for personal use.

CUSTOMER BARRED ACTIONS:

• The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Caldera Media.

• The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.

• The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.

• The customer shall not incorporate the Media, Product(s), or Caldera Media brand or logo into any trademarks, logos, or service marks.

• The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses.

 

Caldera Media retains all the rights, license, copyright, title, description and ownership of the media contained within these product(s)