Terms of Use

TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the COELING CREATIVE, LLC (defined below), which governs your use of Products (defined below) obtained by purchase through this website at https://picturedrox.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to COELING CREATIVE, LLC, doing business as PicturedRox Photography (“COELING CREATIVE, LLC”).

“Products” referred to by these Terms include but are not limited to: photographs, forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from COELING CREATIVE, LLC.  All such Products are the intellectual property of and are owned by COELING CREATIVE, LLC.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of COELING CREATIVE, LLC’s Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

COELING CREATIVE, LLC is a resource through which you may obtain fine art photographs and products.

PRIVACY POLICY

COELING CREATIVE, LLC permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here which is incorporated herein by reference.

COELING CREATIVE, LLC will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  COELING CREATIVE, LLC will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  COELING CREATIVE, LLC is the sole manager of such information collected on the Site.  COELING CREATIVE, LLC will use such information to respond to you as necessary.  You grant COELING CREATIVE, LLC a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

INTELLECTUAL PROPERTY LICENSE

COELING CREATIVE, LLC owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of COELING CREATIVE, LLC’s services, and; (d) any other intellectual property rights afforded to COELING CREATIVE, LLC, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, COELING CREATIVE, LLC does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon COELING CREATIVE, LLC’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  COELING CREATIVE, LLC will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

You agree not to make any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), and must:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..

Please remember that it is your responsibility to download any Digital Product immediately and securely back up all purchases.  COELING CREATIVE, LLC is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and COELING CREATIVE, LLC will not reimburse you for such downloads.

CONTACT

By using the Site and entering personal information, you give COELING CREATIVE, LLC permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let COELING CREATIVE, LLC know by emailing us at admin@coelingcreative.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

In the unlikely event that you are not satisfied with physical product, please contact customer service within 7 days of receiving your order by emailing roxie@picturedrox.com with:

  • Your name
  • A detailed description of the problem
  • Your order number
  • Some pictures of the issue

Including these things will help us to resolve things quickly.

We are unable to exchange or refund your order for customer created errors such as product selection mistakes (i.e. product size or style choices).

We cannot provide exchanges or refunds due to damages caused by customer handling, storage or treatment.

We reserve the right to request that you return the product to us and at our discretion: offer an exchange or reprint; issue store credit for items not including shipping; take no action; or, on the rare occurrence (in that we have exhausted all possible solutions and cannot find a resolution), offer a refund. Please ensure the work is packaged appropriately and that it is protected. Ideally, use the original packaging in which the item was delivered, including all protective material. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered. Return shipping is otherwise free of charge.

You acknowledge that all digital products and materials are non-refundable and not returnable, under any circumstances.  All digital product sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. COELING CREATIVE, LLC OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  COELING CREATIVE, LLC MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, COELING CREATIVE, LLC SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO COELING CREATIVE, LLC, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of MICHIGAN.  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for GRANDVILLE, MI.  COELING CREATIVE, LLC reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of COELING CREATIVE, LLC’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:  admin@coelingcreative.com

All rights reserved © Copyright 2014 – 2019. COELING CREATIVE, LLC.