Terms and Conditions
Thank you for visiting Buy Prints Online by Elaine Vella Catalano. Throughout these Terms and Conditions the terms “we” and “our” will refer to Buy Prints Online by Elaine Vella Catalano and Elaine Vella Catalano Photography.
It is important to us that you have the best possible experience while using Buy Prints Online website (“this website”) and that you are aware of the terms and conditions that apply to your use of this website. By using this website, you are agreeing to be bound by the following Terms and Conditions.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions will mean that you accept those changes.
If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.
Photographs and Other Products
All the photographs featured on this website were created by Elaine Vella Catalano and are the exclusive property of Elaine Vella Catalano Photography. Photographs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfil your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfil your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests.
All of the content on this site, including the photographs, text, graphics, design, and this website’s look and feel are owned by Elaine Vella Catalano Photography and may not be used or reproduced without our prior written approval.
Reservation Of Copyright And All Rights
All rights to all the images on this website are reserved by Elaine Vella Catalano Photography and are protected by Maltese and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way except as noted below (See “Exception.”) without the prior written approval of Elaine Vella Catalano Photography.
Purchase Does Not Convey Copyright
Your purchase of a print, original artwork, or other products from Buy Prints Online by Elaine Vella Catalano is a purchase of an authorised physical copy (or copies) of a photograph, not of copyright in that photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by Elaine Vella Catalano Photography, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of Elaine Vella Catalano Photography, which may withhold its permission or limit any license granting permission for further use in its sole and unfettered discretion.
Your purchase of Digital Downloads grants to you a perpetual, non-exclusive, non-transferable, non-sublicensable, and worldwide right to display, use, reproduce, publish, alter, and manipulate, in an unlimited number of projects, in whole or in part, via any medium, and by whatever means, the Image (Digital Download) for any purpose (the “Permitted Use(s)”). All other rights in and to the Image (Digital Download), including, without limitation, all copyright and other intellectual property rights relating to the Image (Digital Download), are retained by Elaine Vella Catalano Photography.
Only you are permitted to use the Image (Digital Download), although you may transfer files containing Image (Digital Download) or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Image (Digital Download) and cannot access or extract it from any file you provide. You may install and use the Image (Digital Download) on only one computer or other electronic device at a time. You may physically transfer the Image (Digital Download) and its archives from one computer or electronic device to another, in which case you may use the Image (Digital Download) at the new computer or electronic device instead. If you require the Image (Digital Download) to be in more than one computer or other electronic device or accessible by more than one person within your organization, you must license (purchase) the Image (Digital Download) from the Site for each such use. You may make one (1) copy of the Image (Digital Download) solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.
Exception: You may use images that have not been purchased from this website as part of a review, article, or blog post specifically about Buy Prints Online as long as your use of the images is accompanied by a link to this website and a credit line stating: “Images are copyrighted by Elaine Vella Catalano Photography. All rights reserved.”
Prohibited Uses of Digital Downloads
You may not:
- Use the Image (Digital Download) in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
- Use or display the Image (Digital Download) on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (eg. products in which Image (Digital Download) is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as zazzle.com and cafepress.com);
- Use the Image (Digital Download) in connection with any goods or services intended for resale or distribution where the primary value lies in the Image (Digital Download) itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
- Use any of the Image (Digital Download) as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- Incorporate the Image (Digital Download) in any product that results in a re-distribution or re-use of the Image (Digital Download) (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Image (Digital Download) as an electronic file;
- Use the Image (Digital Download) in a fashion that is considered by Buy Prints Online by Elaine Vella Catalano (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Image (Digital Download) into disrepute;
- If any Image (Digital Download) featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Image (Digital Download) that indicates that: (i) the Image (Digital Download) is being used for illustrative purposes only; and (ii) any person depicted in the Image (Digital Download), if any, is a model, unless the Image (Digital Download) itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Image (Digital Download) may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Image (Digital Download) itself;
- To the extent that source code is contained within the Image (Digital Download), reverse engineer, decompile, or disassemble any part of such source code;
- Remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Image (Digital Download);
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Image (Digital Download) or the rights granted under this Agreement;
- Install and use the Image (Digital Download) in more than one location at a time or post a copy of the Image (Digital Download) on a network server or web server for use by other users;
- Use or display the Image (Digital Download) in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
- Use the Image (Digital Download) for editorial purposes without including the following credit adjacent to the Image (Digital Download) or in audio/visual production credits: “©Buy Prints Online by Elaine Vella Catalano”;
- Either individually or in combination with others, reproduce the Image (Digital Download), or an element of the Image (Digital Download), in excess of 1,000 times in physical (hard-copy) prints.
- If the Image (Digital Download) is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Image (Digital Download) contrary to the terms of this Agreement, and (ii) in such event, upon Buy Prints Online by Elaine Vella Catalano’s request, you shall remove any Image (Digital Download) from such platform or website.
THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PRODUCTS PURCHASED FROM THIS WEBSITE ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABIILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, IN CONNECTION WITH THIS WEBSITE, THE CONTENT HEREIN, AND/OR THE PRODUCTS WE SELL AND/OR DESCRIBE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.
PLEASE BE ADVISED: BUY PRINTS ONLINE EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE SAFTEY OF THE LOCATIONS AND METHODS OF SECURING OF PICTURE FRAMES, FURNITURE, AND DECOR DEPICTED IN PHOTOGRAPHS FEATURED ON BUY PRINTS ONLINES’S WEBSITE AND IN OTHER MARKETING MATERIALS. YOU SHOULD ALWAYS EXERCISE APPROPRIATE CARE TO ENSURE THAT YOU HANG OR PLACE PICTURE FRAMES IN A SAFE LOCATION, USING AN EFFECTIVE METHOD TO HANG THE FRAME SECURELY. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT SAFTEY OR THE BEST METHOD OF HANGING A PICTURE FRAME, ASSEMBLING FURNITURE, OR THE SAFTEY OF DECOR, YOU SHOULD CONSULT A PROFESSIONAL.
THE PRODUCTS AND INTERIOR DESIGNS FEATURED ON OUR BLOG ARE FOR YOUR VIEWING ENJOYMENT AND INSPIRATION. PLEASE BE ADVISED, BUY PRINTS ONLINE DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT ANY FEATURED PRODUCT OR DESIGN IS SAFE FOR CHILDREN, TODDLERS OR INFANTS. PARENTS AND RESPONSIBLE ADULTS SHOULD ALWAYS EXERCISE DUE CARE AND PRECAUTIONS FOR SAFETY WHEN SELECTING PRODUCTS OR INSTALLING DESIGNS INTENDED FOR USE BY CHILDREN, TODDLERS OR INFANTS.
Neither we nor our representatives shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.
We respect the privacy of this website’s visitors and customers and pledge not to sell, loan, rent, trade, or give away any personal information that you offer during your visit, when you join our email list, or when you make a purchase. Personal information provided by you will be used only for the services requested, such as processing an order or for contacting you in response to an order or other request you have made, except for the following circumstances:
(1) In the course of operating this website it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors, and select vendors so that we can operate this website and process orders. Where practical, we limit others’ use or disclosure of the information you have shared.
(2) We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, or to defend against legal claims and if, in our judgment in such circumstances, disclosure is required or appropriate.
(3) We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and Conditions, or as otherwise required by law.
(4) We may receive a confirmation when you open an email from us. We use customer contact information to send you information about our company, new releases, and to inform you of sales and special offers. If, after receiving a non-order related email, you do not want to receive email or other mail from us, simply click on “Unsubscribe me from this list” at the bottom of any newsletter.
We do not, at present, collect any personally identifying information from children or from individuals who could be recognized as minors. If we do so in the future, we will comply with the requirements of the Children’s Online Privacy Protection Act (“COPPA”).
Security Of Personal Information
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your information, we make efforts to ensure security on our systems. We use physical, electronic, and procedural safeguards to protect personal information about you.
If we learn of a security breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this website, or by providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website. We may post a notice on this website if a security breach occurs. If this happens, you will need a web browser enabling you to view this website. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Children Under 18
We do not sell products for purchase by children; however, many of our photographs and products may be attractive to children, and any photographs or products that are described as such or are meant for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the Republic of Malta. If you are visiting this website from outside the Republic of Malta you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
Permission to use an image in any manner other than as description under “Exception,” above, should be sent to talk(at)buy-prints-online(dot)com.
Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Malta without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be decided exclusively by a court of competent jurisdiction located in Valletta, Malta. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions. We reserve the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Service following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND BUY PRINTS ONLINE BY ELAINE VELLA CATALANO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: April 6, 2015