Welcome to Heretic Photo. These Terms of Service (“Terms”) establish the agreement between you (referred to herein as “User” or “you”) and Heretic Photography, the Texas photography business operating publicly as Heretic Photo (“Heretic Photo,” “we,” “us,” or “our”). By accessing or using our website, products, and services, you agree to be bound by these Terms, our Privacy Policy, and our Return Policy. If you do not agree with any part of these Terms, please do not use our website or services.
1. Definitions
For the purpose of these Terms, the following definitions apply:
1.1 Heretic Photography / Heretic Photo
- Refers to Heretic Photography, the photography business owned and operated by Jesse Elser in Texas and publicly presented under the shortened name Heretic Photo.
- Includes all subsidiaries, affiliates, and any future business entities that operate under the Heretic Photo brand.
1.2 Website
- The online platform accessible at https://hereticphoto.com, including all associated pages, subdomains, and mobile applications, where Heretic Photo displays its products, portfolio, and services.
1.3 Services
- Encompasses all photography-related offerings provided by Heretic Photo, including but not limited to:
- Professional photoshoots (studio, on-location, and specialized sessions).
- Post-production services, such as image editing, retouching, and graphic design.
- The sale of photographic products, including prints, albums, digital files, and any licensed photographic work.
- Consultation services regarding photography and visual content creation.
- Any other service explicitly offered by Heretic Photo now or in the future.
1.4 Products
- Refers to the tangible and digital goods available for purchase through our website. These include, but are not limited to, photographs, physical prints, photo albums, and digital files.
1.5 Content
- All text, images, photographs, videos, audio files, graphics, software, and other materials provided or displayed on our website.
- Includes any user-submitted content such as reviews, comments, or multimedia contributions.
- Encompasses both the original work produced by Heretic Photo and any third-party content that has been incorporated under license or permission.
1.6 User
- Any individual, organization, or entity that accesses, uses, or interacts with our website, products, or services.
- Includes prospective clients, current clients, and any other visitors to our website.
1.7 License
- The permission granted by Heretic Photo to a User for the use of its photographic images, subject to the terms and limitations set forth herein and in any specific contractual agreement.
1.8 TFP (Time for Print/Time for Photos)
- A specific arrangement in which photography sessions are conducted in exchange for prints or digital copies rather than monetary compensation. Specific TFP terms are provided in a separate TFP Agreement that forms part of these Terms by reference.
1.9 Agreement
- Refers collectively to these Terms of Service, the Privacy Policy, the Return Policy, and any additional policies or agreements referenced herein or agreed upon in writing between you and Heretic Photo.
2. Agreement to Terms
2.1 Acceptance
- By accessing or using our website or services, you confirm that you have read, understood, and agree to be bound by these Terms and all incorporated policies.
- If you do not agree to these Terms, you must immediately cease using our website and services.
2.2 Binding Contract
- These Terms constitute a legally binding contract between you and Heretic Photo.
- Continued use of our website following any modifications to these Terms constitutes acceptance of the new Terms.
3. Services and Products
3.1 Scope of Offerings
- Heretic Photo provides a broad range of photography services and products. These include professional photoshoots, digital imaging services, physical and digital products, and any additional services detailed on our website.
- Detailed descriptions of individual products and services are available on specific pages of our website, and these descriptions form part of this Agreement.
3.2 Customization and Special Requests
- Customized services, including special photoshoot requests or bespoke photographic projects, are subject to additional written agreements. These agreements will outline project specifications, deliverables, timelines, and pricing details.
3.3 Order Acceptance
- All orders placed through our website are subject to acceptance by Heretic Photo. We reserve the right to decline any order for reasons including, but not limited to, availability, errors in pricing, or if the order does not comply with these Terms.
4. Intellectual Property and Copyright
4.1 Ownership of Intellectual Property
- All images, content, and creative works presented on the Heretic Photo website are the sole and exclusive property of Heretic Photo unless explicitly stated otherwise.
- This includes, without limitation, all copyrights, trademarks, and any other intellectual property rights.
4.2 User License and Limitations
- Upon purchasing a product or service, you are granted a non-exclusive, non-transferable license to use the images for personal use or, if specified in a signed contract, for commercial purposes.
- Any reproduction, redistribution, or modification of the images beyond the scope of this license is strictly prohibited unless you have received explicit, written permission from Heretic Photo.
- The license does not extend to the creation of derivative works or any form of repurposing of the content without express consent.
4.3 TFP Photoshoot Terms
- For any photoshoot conducted on a TFP basis, the specific terms outlined in our separate TFP Agreement shall apply. This Agreement forms an integral part of these Terms.
5. Commercial Use and Licensing
5.1 Authorized Commercial Usage
- If you intend to use purchased images for commercial purposes, such usage must be explicitly authorized through a written contract with Heretic Photo.
- The contract will detail the extent of usage rights, any limitations, and associated fees.
5.2 Prohibited Commercial Usage
- Any commercial use of Heretic Photo images without proper licensing or contractual agreement is strictly prohibited and may result in legal action.
- Unauthorized commercial use includes any reproduction, sale, distribution, or public display that exceeds the agreed scope of the license.
6. Payment, Orders, and Refunds
6.1 Payment Terms
- Payment in full is required at the time of purchase unless otherwise agreed upon in writing.
- Accepted payment methods are detailed on our website and may include credit/debit cards, online payment platforms, or other methods as communicated during the ordering process.
6.2 Pricing and Taxes
- All prices are listed on our website and are subject to change without prior notice. The price applicable at the time of your order is the one that will be charged.
- Users are responsible for any applicable sales, use, or other taxes as imposed by federal, state, or local law.
6.3 Order Confirmation and Processing
- After placing an order, you will receive an order confirmation via email. This confirmation is not an acceptance of your order but an acknowledgment of receipt.
- Heretic Photo reserves the right to refuse or cancel orders at its discretion, with or without notice, in cases such as product unavailability or pricing errors.
6.4 Refunds, Cancellations, and Returns
- Please refer to our Return Policy for detailed information on refund, cancellation, and return procedures. All transactions are subject to the terms outlined in our Return Policy.
- For customized services or TFP photoshoots, cancellations may incur a fee or forfeiture of deposits as detailed in your specific agreement.
7. User Responsibilities and Conduct
7.1 Compliance with Laws
- You agree to comply with all applicable federal, state, and local laws when using our website and services.
7.2 Prohibited Activities
- You shall not use our website or services in any manner that could damage, disable, or impair the website’s functionality or interfere with any other party’s use and enjoyment of the website.
- Prohibited activities include, but are not limited to, transmitting viruses, malware, or any harmful code; attempting unauthorized access to any portion of the website; or engaging in any fraudulent or deceptive practices.
7.3 User-Generated Content
- If you submit any content (e.g., reviews, comments, photos) to our website, you grant Heretic Photo a non-exclusive, royalty-free, perpetual license to use, reproduce, display, and distribute such content for marketing, promotional, and operational purposes.
- All user-submitted content must be accurate, lawful, and must not infringe upon the rights of any third party. We reserve the right to remove any content that does not comply with these standards.
8. Disclaimers and Limitation of Liability
8.1 “As Is” and “As Available” Disclaimer
- Our website and all services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Limitation of Liability
- In no event shall Heretic Photo, its owner Jesse Elser, or any of its affiliates be liable for any indirect, incidental, consequential, punitive, or special damages arising out of or in connection with your use of our website or services—even if advised of the possibility of such damages.
8.3 No Guarantee of Continuous Operation
- We do not warrant that the website will be continuously available, error-free, or secure. Scheduled maintenance or unforeseen technical issues may cause temporary interruptions in service.
9. Indemnification
9.1 User Agreement to Indemnify
- You agree to indemnify, defend, and hold harmless Heretic Photo, Jesse Elser, and our affiliates from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the website or services.
- Your breach of these Terms.
- Any violation of the rights of a third party by you or any content you provide.
10. Privacy and Data Protection
10.1 Privacy Policy Incorporation
- Your use of our website is also governed by our Privacy Policy, which details how we collect, store, and protect your personal information. The Privacy Policy is hereby incorporated into these Terms by reference.
10.2 Data Security
- While we employ industry-standard security measures to protect your information, we cannot guarantee absolute security. You acknowledge and accept the inherent risks associated with the transmission of data over the internet.
10.3 User Consent
- By using our website and services, you consent to the collection and use of your personal information as described in our Privacy Policy.
11. Governing Law and Dispute Resolution
11.1 Governing Law
- These Terms shall be governed by and construed in accordance with the laws of the State of Texas and the federal laws of the United States, without regard to its conflict of laws principles.
11.2 Dispute Resolution Process
- In the event of any dispute or claim arising out of these Terms or your use of our services, the parties shall first attempt to resolve the matter through informal negotiations.
- If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in Texas in accordance with applicable rules. The arbitration decision shall be final and binding upon both parties.
11.3 Venue and Jurisdiction
- Any legal actions arising out of or relating to these Terms must be brought exclusively in the appropriate state or federal courts located in Texas.
12. Third-Party Links and Content
12.1 External Links
- Our website may contain links to third-party websites for your convenience or informational purposes. These links do not imply any endorsement of the linked sites, and Heretic Photo is not responsible for their content, privacy policies, or practices.
12.2 User Acknowledgement
- You acknowledge that your use of any third-party websites is at your own risk and subject to the terms and conditions of those websites.
13. Changes to Terms
13.1 Right to Modify
- Heretic Photo reserves the right to modify, update, or revise these Terms at any time, at our sole discretion. Any modifications will be effective immediately upon posting on our website.
13.2 Notification of Changes
- Significant changes will be communicated to Users via email or prominent notice on our website. Continued use of our website or services following any changes constitutes acceptance of the updated Terms.
14. Termination
14.1 Right to Terminate Access
- Heretic Photo reserves the right to terminate or suspend your access to our website and services immediately and without prior notice if you breach these Terms or engage in any conduct that we deem to be harmful or disruptive.
14.2 Post-Termination Obligations
- Upon termination, any rights granted to you under these Terms will immediately cease, and you must promptly delete or destroy all materials obtained from our website.
15. Entire Agreement
15.1 Complete Understanding
- These Terms, together with our Privacy Policy, Return Policy, and any other incorporated documents or agreements, constitute the entire agreement between you and Heretic Photo regarding your use of our website and services.
- These Terms supersede any prior agreements or communications, whether written or oral, between you and Heretic Photo.
16. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
Email: jesse@hereticphoto.com
Additional Contact Details: Please visit our Contact Page for further information.
Thank you for choosing Heretic Photo. We value your trust and strive to provide exceptional photography services with transparency and integrity.
