Last Updated: May 1, 2020
Introduction and Overview
Welcome to the Sara Donaldson Productions, Inc. “Sara Donaldson” website and store (referred to as “Site”).
Sara Donaldson (SDP) offers Services that include but are not limited to the ability to view and explore the Site; the ability to follow Us and connect on Our Social Media pages, websites and groups; customized client photography and mentoring/coaching Services; and the ability to purchase fine art prints, original works of art and other products (referred to as “Service,” “Services”).
We hope that Our Site inspires You (referred to as “You,” “Your,” “Yourself,” “Customer,” “Customers,” “User,” “Users”) and that Our products bring ease and joy to Your home or office.
We reserve the right to remove or edit Site Content, terminate Your right to use the Site, or cancel orders at Our sole discretion.
You are welcome to keep a printed copy of these Terms for Your reference.
Intellectual Property Statement, Trademarks and Copyright Information
Please be aware that as You visit and navigate this Site, Your use of Our Site is subject to applicable laws governing ownership and use of Our intellectual property, including Our trademarks and copyrights. For International Site Users (Users outside of the United States), this Site is hosted in the United States and is intended for and directed to Users in the United States. By using this Site, You are subjecting Yourself to the laws and jurisdiction of the United States.
You agree to abide by all copyright notices, information or restrictions contained in any Content accessed through the Services on this Site.
The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Sara Donaldson Productions, Inc.
Unless otherwise noted, all Content of this Site and the Services provided are protected by United States copyright, trademark and other intellectual property laws and international treaties, including all copyrights; all Images including photographic Images, digital Images, film photographic Images, digital photographic Images, digital renderings, etc. (referred to as “Image,” “Images”); logos; trademarks; slogans; written text (copy) Content; product listings and product descriptions; video Content; original music; and all other original Content materials made available via this Site and all SDP-related websites and Social Media (referred to collectively as “Site Content,” “Content”).
Our trademarks, trade dress and Site Content may not be used in connection with any product or Service without the prior written consent of Sara Donaldson Productions, Inc.
Our Site is solely for personal, non-commercial purposes related to learning more about Sara Donaldson and her Services, or for shopping and placing an order on the Site. Site Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Sara Donaldson Productions, Inc.
We take copyright infringement and the unauthorized use of Our Images extremely seriously: We will always pursue unauthorized use of Sara Donaldson’s Images to the fullest extent of the law. All Images on this Site are protected by United States Federal Copyright Law (USC Title 17) and international copyright laws. Images on this Site are shown only so that You are informed about Sara Donaldson’s creative body of work, and are informed of prints and original works of art available for purchase. Images from this Site may not be used in any way without written consent by Sara Donaldson of Sara Donaldson Productions, Inc.
Unauthorized use of Images or Content from this Site includes but is not limited to:
- Using Images or Content, copying Images or Content, saving Images, or taking “screenshots” of Images or Content for personal or professional use (such as for Your website, Your social media page, Your blog, Your business, Your printed material, Your computer desktop, Your phone, or other device);
- Printing an Image (such as creating Your own print, using the Image as a background on printed materials, etc.);
- Editing, modifying, creating a derivative work from, or altering an Image in any way (such as altering the color, adding a social media filter, adding a quote over the Image, changing an Image to black and white, etc.);
- Selling, reproducing, distributing or otherwise exploiting an Image (including in an altered state);
- Selling, reproducing, distributing or otherwise exploiting quoted text (copy) written by Sara Donaldson for profit;
- Selling, reproducing, distributing or otherwise exploiting music written and performed by Sara Donaldson; or
- Assist another person, entity, party, User, company or organization in engaging in activity prohibited by these Terms.
These Terms do not grant You any ownership or other rights or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours. Any and all trademarks or service marks that We use in connection with the Site and its Services are marks owned by Sara Donaldson Productions, Inc. These Terms do not grant You any right to license, or interest in such marks, and You shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
For the avoidance of doubt, You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Site Content or the Services in whole or in part. Additionally, You are not permitted to use any search terms, meta tags, key word terms or the like that contain the Site’s name or trademarks owned by Sara Donaldson Production, Inc. used on this Site.
Images on this Site may be pinned to Pinterest so long as the “Alt Text” (the written description automatically included with the pinned Image) is not altered and the “link-back” remains intact. (Images pinned to Pinterest from this Site must include “Sara Donaldson” in the written description and the pinned Image on Pinterest must link to this Site.) Please periodically check for updates to these Terms regarding Pinterest, as Our Terms may change.
As a condition of use, You promise not to use this Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by Sara Donaldson Productions, Inc. We allow You to comment on Site posts; We allow You to comment on SDP Social Media posts, Images and videos; and We may allow You to post Comments to the Site solely as a review for a product(s) You have purchased (referred to as “Comment,” “Comments,” “Communications”). Including the following, but not limited to, You agree not to use any area of this Site or SDP Social Media websites for any of the following purposes:
- To submit false or misleading information;
- To abuse, harass, bully, threaten, defame, slander, disparage, discriminate, impersonate or intimidate any person;
- To solicit others to perform or participate in any unlawful act;
- To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any SDP copyright or other copyright or right of any person or entity;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other User on the Site;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To upload or transmit viruses or any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or its Services, or of any related SDP website, other websites or the Internet;
- To advertise to, or solicit any User to buy or sell any third-party products or Services, or to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any User;
- To post copyrighted content that does not belong to You;
- To infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
- To collect or track the personal information of others;
- To spam or use any robot, spider, scraper or other automated means to access the Site for any purpose;
- To circumvent the security features of the Site or any related SDP website, other websites or the Internet;
- To take any action that imposes, or may impose in Our sole discretion an unreasonable or disproportionately large load on Our infrastructure;
- To Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- To bypass any measures We may use to prevent or restrict Site access.
At Our sole discretion, We reserve the right to terminate Your use of this Site, any SDP website, any SDP Service, or any related SDP Social Media websites. We will not hesitate to block or terminate Users that violate any of the prohibited uses of this Site or on any related SDP website or Social Media handle/website.
Further, We reserve the right to delete any Comments or “User Communications” at Our sole discretion.
We are not liable for any Comments or User Communications posted or transmitted through the Site or affiliated SDP websites and Social Media websites by another User.
Additionally, You are solely responsible for Your interactions with other Users of this Site, any affiliated SDP website, or SDP related Social Media website. Sara Donaldson Productions, Inc. reserves the right, but has no obligation, to monitor disputes between You and other Site Users.
Disclaimer of Warranty
This Site and the Services provided on this Site are provided without warranties of any kind, whether implied or expressed, including but not limited to, implied warranties of merchantability, suitability, fitness for a particular purpose, non-infringement, any Content on the Site, or any Services or product purchased, as well as warranties implied from a course of dealing or course of performance.
Sara Donaldson Productions, Inc. its affiliates, subsidiaries and licensors do not warrant that the Site and its Services will always function without flaw, or that the Site and its Services will be 100% secure or 100% available at any particular time or location. We do not warrant that the Site is free of errors, free of viruses, or free of other harmful components, or that the results of using this Site and its Services will meet Your personal or professional requirements. We make no representations or warranties of any kind, whether express or implied, with respect to this Site, its Content, Our products, or the information available on or through this Site. The Site is provided “as-is” and “as-available.”
Disclaimer of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SARA DONALDSON PRODUCTIONS, INC. OR ITS OFFICERS, EMPLOYEES, INTERNS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. SOME OF THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE MAY BE PROVIDED BY INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SARA DONALDSON PRODUCTIONS, INC. SARA DONALDSON PRODUCTIONS, INC. IS NOT LIABLE FOR THE WARRANTIES, ERRORS, ACTS, OMISSIONS, REPRESENTATIONS, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU FREE OF CHARGE.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer equipment or other property on account of Your access to, use of, or browsing of the Site, or Your downloading or uploading of any materials, data, text, Images, video, or audio from or to the Site.
If You are dissatisfied with the Site, Your sole remedy is to discontinue using the Site.
Some jurisdictions do not allow the exclusions of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations listed in these Terms may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.
Personal Information and Privacy
Links to External Websites
Email Communications and Data Accuracy
If You choose to subscribe to Our email list or choose to purchase an item from Our Site, or if You choose to contact Us for any reason via email, You consent to receive email communications from Us. Although You may opt out of receiving promotional emails at any time, You agree that We may need to email You about Your order or any other question or concern You may have contacted Us about. You agree that all communications with You will be in writing to satisfy any legal requirement, agreement, notice, or disclosure.
You agree to provide accurate, current and complete information to Us so that We can best serve You. You represent that all of the information provided on the Site or through any means to Sara Donaldson Productions, Inc. is true. You are responsible for correcting all information You have provided on this Site as necessary. You may email firstname.lastname@example.org if You believe We have incorrect information.
Such events include but are not limited to pandemics; strikes; fires; disruption of energy supplies, telecommunication networks or communication systems; and/or the temporary down-time of the Site, delayed or suspended product production, late deliveries, or the absence of delivery by suppliers or other third parties involved in supplying aspects of Our Services. In the case of a Force Majeure, We will update Our Frequently Asked Questions area to include a section regarding the specific circumstances (for example, see Our Covid-19 section within the Frequently Asked Questions). If You are part of Our email list, You may also receive an email with relevant information about the Force Majeure if We deem it necessary or applicable to send out information.
Errors and Inaccuracies
We strive to constantly update and improve this Site so that We provide additional and improved offerings and Services. The information found on the Site and in Our advertising on other websites may occasionally contain errors or other inaccuracies that may indicate incomplete information, incorrect information or outdated information. Product pricing may be updated at any time. We cannot guarantee that an outdated advertisement, for example, has correct product pricing. Our products may also occasionally be mispriced or unavailable to You, despite being advertised. We also cannot guarantee the accuracy or completeness of any information found on other websites about our Site or Services.
Right to Refuse
Product Availability, Product Modifications, and Pricing
Although product availability may be indicated on Our Site, We cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue or cease to make available any or all products.
Prices for Our products are subject to change without notice. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of a Product or Service.
Although We make every effort to display Our Products and their colors as accurately as possible, the displayed colors of the products depend upon Your device and settings (such as Your monitor coloring and Your brightness settings). We cannot guarantee that Your electronic device or display monitor will accurately portray the actual colors of the products.
User Comments, Feedback and Other Submissions
If You choose to submit ideas, Comments, suggestions, plans, proposals, or other materials, whether online, by email, by mail, or otherwise (referred to as “Comments”), You agree that We may, at any time, without restriction use, copy, publish, translate, and otherwise utilize Your Comments in any medium We choose. You agree We are under no obligation to pay compensation for any Comments, respond to any Comments, or maintain any Comments in confidence.
We take no responsibility and assume no liability for any Comments posted by You or other third parties on Our Site or Our SDP Social Media Sites or posts.
Promotions and Contests
Accuracy, Completeness and Timeliness of Site Information
Our Site includes product descriptions (for example, descriptions of Images available as Fine Art Prints) that may be subjective in nature. We are not responsible if information made available on this Site is not accurate, complete or no longer current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk. This site may contain certain historical information that is provided for Your reference only. We reserve the right to modify and/or update the Contents of this Site at any time, but We have no obligation to update any information on Our Site. You agree that it is Your responsibility to monitor changes to Our Site.
All purchases on this Site are final and are not eligible for Returns, Exchanges, and/or Warranties. Due to the nature of Our artwork and products, Sara Donaldson Productions, Inc. has a strict a non-refundable and non-returnable policy. If You want to edit or change Your order, quickly email Your desired changes (along with Your order number) to email@example.com. If the order has already been processed, We will not be able to make any modifications to the order: Please make sure that You have carefully reviewed Your order prior to finalizing Your purchase.
If Your print or product arrives and is damaged in shipping, We ask that You please take plenty of photos (of the damaged box and damaged print) and immediately email the photos along with Your order number to firstname.lastname@example.org. We will swiftly issue a replacement free of charge for any order that is obviously damaged in shipping transit. We are NOT responsible, however, for damage caused by Your own mishandling of Our Product. We reserve the right to refuse replacing an item that We feel was not damaged in shipping, but rather was damaged sometime after the item arrived (for example, because You unwrapped Your fine art print and Your cat used it as a cat scratcher).
We reserve the right to investigate occurrences of system or network security violations and will pursue prosecution of any User involved in such violations. Violations of system or network security may result in civil or criminal liability. You are absolutely prohibited from attempting (or succeeding in such attempt) to violate the security of this Site, including and without limitation: a) accessing data not intended for You or logging onto an account or server which You are not authorized to access; b) attempting to interfere or interfering with the operations of the Site, Our Services, Our hosting provider, Our computers, or Our network, including via means of submitting a virus to the Site, hacking the Site, overloading or “flooding” the Site, “crashing” or “mailbombing” the Site; c) forging any TCP/IP packet header or any part of the header information in any email or transmission to or from the Site; and d) attempting (or succeeding in such attempt) to probe, test or scan the vulnerability of a system or network or to breach security, login or authentication measures without proper authorization.
Governing Law and Jurisdiction
Geographical Use of Site and Services
Although this Site is accessible worldwide, We make no claims that the Site is appropriate or available for use in locations outside of the United States of America. Access to this Site and its Services may not be legal by certain persons or in certain countries. If You choose to access this Site and its Services from outside the United States, You do so on Your own initiative and are responsible for compliance with Your local laws.
You agree to indemnify, defend and hold harmless Sara Donaldson Productions, Inc. and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from and against any claim, demand, damages, obligations, losses, liabilities, costs or debts, and expenses (including reasonable attorneys’ and experts’ fees) resulting from or arising out of a) Your use of this Site and Services; b) Your breach of these Terms and Conditions; c) Your violation of any applicable United States or foreign law or the rights of a third party; d) fraud that You commit; or e) Your intentional misconduct or gross negligence. You shall not settle any claim without the prior written, consenting approval of Sara Donaldson Productions, Inc.
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in TARRANT COUNTY, TEXAS, United States. The arbitration shall be binding on the parties and the arbitration award may be confirmed by any court of competent jurisdiction.
You hereby waive Your constitutional and statutory rights to go to court and have a trial in front of a judge and jury, instead electing that all claims and disputes shall be resolved by arbitration. In the even that any litigation should arise between You and Sara Donaldson Productions, Inc. to vacate or enforce an arbitration award or otherwise, You and Sara Donaldson Productions, Inc. waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
To the extent permitted by applicable law, all claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one Customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other Customer or User.
Further, Our failure to enforce any provision or right of these Terms shall not be considered a waiver of such rights or provisions.
You may terminate any account You establish via this Site at any time upon written notice to Us at email@example.com. You may terminate Your subscription to Our email list at any time by following the unsubscribe prompts on an email or by sending an email to firstname.lastname@example.org. You may terminate Your use of this Site by simply not using the Site.
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms.
Thank You for Your time, respect and support.