General Legal Matters

Copyright

All photographs appearing on this Internet site, except for the few that are in the public domain, are the private property of the photographer who took the picture(s). These non-public domain pictures are protected by U.S. copyright laws. They shall not be downloaded or reproduced in any way without the written permission of Peter J. Mancus, Owner, CLOUD9PHOTOGRAPHY.US

What You Buy When You Buy a CLOUD 9 PHOTOGRAPHY Print

The prices quoted on this Internet site for CLOUD 9 PHOTOGRAPHY prints are for non-commercial private enjoyment use only of such prints.

Commercial Usage Fees

If you want to use a CLOUD 9 PHOTOGRAPHY print or digital file commercially, please provide the following information, via email or in writing:

1. Type of project [ad, magazine, brochure, etc.];
2. Print run [distribution, number of insertions, etc.];
3. Reproduction size of photograph(s) [print dimensions or digital file requirements in terms of size and DPI];
4. Language to be used;
5. Geographical area to be covered; and
6. Rights desired [e.g., U.S. only, world-wide, exclusive.]

Please also indicate:

1. Your deadline and
2. Candidly and accurately, what are the odds that you anticipate repeat business with CLOUD 9 PHOTOGRAPHY in terms of time frame, order(s), total dollar amount to be spent over that time frame, and subject to what terms and conditions.

Generally, we are receptive to licensing commercial use subject to these conditions, which are rather firm:

1. Payment in U.S. dollars must be paid for in advance, in full, before we will forward a print and especially before we will forward a digital file;
2. the buyer must agree in writing to include a copyright notice in the project that uses the picture for the photographer who CLOUD 9 PHOTOGRAPHY credits with taking the picture and CLOUD 9's Internet URL address in a prominent, easy to read, size that does not interfere with enjoyment of the picture and on or near the picture, in a logical, suitable place;
3. the buyer must agree in writing to promptly send CLOUD 9's owner at least three copies of how the picture(s) were used commercially; and
4. the buyer must agree in writing to let CLOUD 9 post a picture of the buyer’s product that used a CLOUD 9 picture on the CLOUD 9 Internet site.

Terms and Conditions for Our No Questions Asked Money Back Guarantee

The sale is not final until you see the print and get to inspect it, up close. If, for any reason, you are not fully satisfied with the print, you may return it for a full refund, subject to two reasonable conditions: A) Return it to us early enough so that we get it back within 30-days of when we shipped it to you, along with proof of the post-mark on our mailing tube, and B) Return it to us 100% undamaged so it is still in saleable condition.

Peter personally puts all prints in the mailing tubes, after he inspects them. They go in, undamaged. If you return a print and Peter receives it back from you–damaged, he is not contractually, legally, or morally required to refund your money. Peter has to impose this condition to protect him from customers who damage the print when they remove it from the tube or who allow the print to be damaged after it is out of the tube.

Mailed Prints, Lost Prints, Damaged Prints

We ship all prints in United Parcel Service tested and approved, strong, sturdy, medium brown, cylinder shape, mailing tubes designed specifically for mailing high value paper documents. We also put secure plastic end caps on both ends of these tubes, and we scotch tape them to the tube to keep them in and to reduce the risk of damage due to moisture, rain, or snow. The end caps also make these tubes stronger and more crush resistance. To date, no CLOUD 9 PHOTOGRAPHY customer has ever reported that a C9P UPS approved mailing tube was received damaged.

For all prints shipped to a destination within the United States, we pay the U.S. Postal Service or a third-party shipper extra to buy the ability to track and confirm the delivery of the mailing tube.

For all prints shipped to a destination outside the United States, we will pay for a tracking service, if available, and, if available at a reasonable price, in our absolute sole discretion. We do NOT guarantee delivery of our mailing tubes, with prints inside, to you, or with prints inside, undamaged. Sorry.

Once we give the mailing tube, properly addressed to you, with required postage, to the U.S. Postal Service, or to an established third-party delivery service, such as UPS, DHL, or FedEx, we do not have any control as to what someone else does with the mailing tube and the prints inside that we paid them to send to you.

If you do not receive your mailing tube, if you did not pay us in advance for insurance to insure the value of the
print(s) you bought from CLOUD 9 PHOTOGRAPHY, the most we are contractually and legally and morally obligated to do for you is to give you the tracking number we have, if any, and to let you know if the tube is returned to us, and, if the tube is returned to us, to send it to you again.

If you want insurance to cover the value of your purchase, you must pay for it in advance. If you do not pay for insurance in advance, we will mail the print(s) in a tube, without insurance, and you assume the risk of loss or damage.

Delivery Time

Delivery time of an order will vary substantially. Delivery time is primarily a function of these variables:

1. How many orders and of what size are ahead of you;
2. The size of your order;
3. Did you order a print from a picture that requires hours of preparation or did you order a print of a picture that has already been prepared and sold or that takes only a brief time to get ready to print;
4. Did you order a print that prints up well, easily, the first time or did you order a print that requires printing multiple times. [Note: To maintain high quality control, Peter has made some prints more than ten times to get it “perfect”. Peter insists upon maintaining stringent high quality control.];
5. Whether CLOUD 9's owner, Peter, a one-man-shop, is ill, is on a trip, or is involved in a time consuming trial, etc., or a combination of same;
6. Whether we ran out of a consumable and had to wait for re-supply; and
7. Whether we experience technical problems with our computers or big printer.

CLOUD 9 PHOTOGRAPHY prints are custom made, hand made, one at a time, and are carefully inspected, individually, before shipped. They are not mass produced, in advance. At CLOUD 9, “Good enough.” is not! The goal is: “Perfection.” The acceptable standard is: Perfection or Near Perfection or As Perfect As Can Be.

Based on actual experience over the last few years, as a generalization, CLOUD 9's delivery time record has been this:

1. About 5% of all prints have been shipped within 48 hours of receipt of an order;
2. About 10-15% of all prints have been shipped within 5-9 days of receipt of an order;
3. About 70% of all prints have been shipped within 2-4 weeks of an order; and
4. About 5% of all prints have been shipped within 4-7 weeks of an order. By placing an order with CLOUD 9 PHOTOGRAPHY, you agree to accept the uncertainty of when your order will be delivered to you.

If you do not make special arrangements with Peter to get an order to you by a certain time, if Peter did not contractually commit to complying with your deadline, in writing, signed and dated by Peter, Peter and CLOUD 9 PHOTOGRAPHY shall not under any circumstances be liable to you or to anyone for anything arising from the claim that Peter delivered an order to you or to anyone else late.

If you want “Rush Service”, depending on what you want and how stringent is your time frame, Peter might require you to pay an additional “Rush Service Charge”.

Jurisdiction for Resolving a Legal Dispute

Anyone who does business with CLOUD 9 PHOTOGRAPHY, via its owner, Peter J. Mancus, in any way, broadly construed, such as buying a print, performing a service, buying commercial rights to use a CLOUD 9 picture, or supplying a product, etc., irrevocably agrees that the proper place for legal resolution of a dispute of any kind, if any, shall be, and is, in Sonoma County, California, United States of America, which is approximately 60 miles north of San Francisco, California.

Quantity Discounts

If you are interested in a very large order with a high dollar value, a quantity discount might be negotiable. To find out, send Peter an email with the details or call him at (707) 824- 1884 to discuss.

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