Vispera Productions

Sports Photography & Graphic Design

Terms of Sale


This legal notice applies to the supply of services and products by Vispera Productions to the client (any user of websites of Vispera Productions or anyone who makes a purchase and/or places an order of Vispera Productions' products or services). The websites and social media platforms mentioned in this document pertain to the following resources which may be updated at any time without any prior notice:
www.visperaproductions.com
www.facebook.com/visperaproductions
www.youtube.com/visperaproductions
http://gallery.visperaproductions.com
www.instagram.com/visperaproductions


By using the websites of Vispera Productions, purchasing a service and/or purchasing a product, you, the client, agree to the following terms, conditions and policies. Please read through the terms, conditions and policies thoroughly. If you do not agree to the terms, conditions and policies, please do not use these websites and do not place an order. Vispera Productions reserves the right to alter and update these changes without any notification. Please check back frequently for updates to the terms, conditions and policies. Questions may be directed to Vispera Productions.
These terms of sale are applicable to the client's purchase of any photos, prints, canvases, albums and/or other products through Vispera Productions. Other than as specifically provided in any separate written agreement between the client and Vispera Productions, these terms of sale may not be altered, supplemented or amended by the use of any document such as purchase orders, and all sales are expressly conditioned upon the client's agreement to these terms of sale. In the event of any conflict between these terms of sale and the other provisions of the terms of use, these terms of sale will control.
Vispera Productions facilitates your purchase of photos, prints, canvases, albums and/or other products through its relationship with Shootproof and the designated photo lab. If you purchase photos, prints, canvases, albums and/or other products through the websites of Vispera Productions, the client acknowledges that the printing of any photos or creation of other physical medium products is performed by Shootproof and the designated photo lab and the role of Vispera Productions is to assist, facilitate and support such order processes pursuant to these terms of sale.

1. Sales of Products
Vispera Productions does not print photos or canvases. Vispera Productions relies on Shootproof and the designated photo lab to print photos, canvases and ship most products ordered by the client. When placing an order for a print, the client is responsible for full payment including tax and shipping immediately upon checkout. When purchasing digital downloads, the client agrees to obey the copyright notice stated in this document. When purchasing prints, the client is responsible for approving the size, type (glossy, lustre, etc.), crop and shipping method prior to completing their order and submitting payment. Vispera Productions is not responsible for any mistakes in the client's selection of their order. Additionally, Vispera Productions is not responsible for the client's failure to properly crop their photo when placing an order. It is solely the client's responsibility to make sure their order is correct.
Show photos that are 6-10 months old are taken off the market for sale and placed in archives. Some photos in the archives are deleted to free up space. Clients may inquire about show photos in the archives, but it is not guaranteed that the archived photos will be available. If archived photos were published on social media platforms of Vispera Productions, that does not automatically mean that the original file is still available in the archives. Vispera Productions does not guarantee availability of archived photos and has the right to deny sale of any archived photos.
Clients have the option to send notes to Vispera Productions along with their order. Vispera Productions is under no obligation to honor the special requests or instructions included in the notes. To guarantee the fulfillment of special instructions or requests with an order, the client should contact Vispera Productions prior to placing the order.
Vispera Productions strives to maintain accurate information on all websites and social media platforms and to eliminate any errors. However, Vispera Productions does not warrant that product descriptions, photos, prints, canvases, albums and/or other product pricing or other photography studio materials are accurate, complete, reliable, current or error-free. In addition, all weights and size dimensions are approximate. While Vispera Productions makes reasonable efforts to accurately display all details of product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a photo depends on the settings of your computer screen. Vispera Productions cannot guarantee that your computer will accurately display all photo colors. Vispera Productions reserves the right to format, manipulate or otherwise modify photos as may be required to satisfy a particular order. In the event of an error, whether contained in the services, in an order confirmation, in processing and order or otherwise, Vispera Productions reserves the right to correct such error and charge the correct price or cancel the order. Vispera Productions, the designated photo lab or Shootproof may revise or discontinue product options at any time without prior notice, and products may become unavailable even after an order is placed. All prices are subject to change without notice.

2. Refund Policy
Refunds will not be issued for orders that were improperly submitted to Vispera Productions due to the failure of the client. Refunds will not be issued for photos that were not properly cropped and/or sized by the client. Refunds will not be issued for prints with colors that do not precisely match the colors of the monitor used by the client when ordering and/or viewing the product. Refunds will only be issued by Vispera Productions for damaged products, misprints or customer dissatisfaction with evidence of damage, misprint and/or dissatisfaction. Vispera Productions reserves the right to approve or deny a refund request based on the reason of customer dissatisfaction. Refunds are only eligible within 30 days of order placement. No product returns are accepted. If the product purchased by the client was lost in transit or damaged in transit, Vispera Productions will consult with Shootproof and/or the shipping company to remedy the situation.

3. Shipping Policy
Vispera Productions does not ship most products. The designated photo lab through Shootproof ships products once the orders have been processed. If products are lost in transit or damaged during shipping, the client must notify Vispera Productions immediately in order for the issue to be resolved. Vispera Productions is not responsible for any issues that arise relating to shipment, transit or delivering a product to the client.

4. Privacy Policy
Vispera Productions does not sell, trade or share any personal information clients submit when using the websites belonging to Vispera Productions. Vispera Productions uses Shootproof and a designated photo lab, both third parties, to ship orders and/or collect payment. Information is stored on Shootproof for the purpose of re-shipping orders and issuing refunds at any time. Shootproof and the designated photo lab is under a strict obligation to keep client information securely stored and protected.

5. Order Acceptance Policy
The client's submission of an order and/or receipt of an order confirmation automated or otherwise does not signify Vispera Productions' acceptance of such order. Vispera Productions reserves the right to cancel any order Vispera Productions deems necessary, at Vispera Productions' sole discretion, regardless of the order status or whether the client has received a confirmation of the order. Vispera Productions reserves the right to require additional information from the client before accepting or processing any order.

6. Disclaimer & Limitation of Liability
Vispera Productions makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Vispera Productions expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. The client agrees that the sole and exclusive maximum liability to Vispera Productions arising from any product sold on websites of Vispera Productions shall be the price of the product ordered. In no event shall Vispera Productions be liable for special, indirect, consequential or punitive damages related to products sold. The client agrees that Vispera Productions shall not be liable for damages arising from the operation, content or use of websites of Vispera Productions. The client agrees that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.


Copyright and Trademarks
All images, graphic designs, logos and custom artwork appearing on websites of Vispera Productions and social media platforms are the property of Vispera Productions. Unauthorized use of the images, graphic designs, logos and custom artwork appearing on websites and social media platforms of Vispera Productions may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting or distributing any of such materials without the prior written consent of Vispera Productions.
The logo of Vispera Productions is a trademark of Vispera Productions as are all custom graphics, images and logos found on websites of Vispera Productions. The images provided as prints or digital downloads on the Shootproof website of Vispera Productions are the property of the photographer Juli Phillips and Vispera Productions, the copyright owner. No rights are conferred in the purchase of a print from Vispera Productions. You must not use, copy, modify or share these images in any manner. Digital downloads may be shared non-commercially on social media platforms. Any and all commercial use of digital downloads and prints or other products is strictly prohibited.


Digital Imaging Licensing
Photo downloads may be included as part of the initial service contract or purchased from websites of Vispera Productions. Vispera Productions grants buyer a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of the media. Title and ownership, and all rights now and in the future, of and for the media remain exclusively with Vispera Productions. There are no warranties, express or implied. The media are provided 'as is.' Neither Vispera Productions nor Shootproof or the designated photo lab will be liable for any third party claims or incidental, consequential or other damages arising out of this license or client's use of the media. The client may use their purchased media on display of personal websites or computers or may make image prints for their personal use. It is strictly prohibited for clients to resell, relicense, sub-license, redistribute without express written permission from Vispera Productions, use the media in any way whatsoever in which the client charges money, collects fees or receives any form of remuneration, use the media in advertising, use the media in an obscene, illegal, immoral, libelous or defamatory manner, incorporate the media into trademarks, logos or service marks, make available for download. Vispera Productions retains all rights, license, copyright, title and ownership of the media. Violators who use any photos or products for commercial use will be subject to a violation fee of $50.