Terms and Conditions

Legal Requirements
I am required by law to specify policies and terms.  I am selling photographic art.  You are interested in buying photographic art.  The rest of this is a necessary irritation.


Ownership


This website is owned and operated by Paces Mountain Association LLC, a limited liability corporation registered in the state of Georgia, USA.   We also do business as Bill Hunton Photography.  Details regarding the LLC, its officers, its registered agent, its address, and its contact information are on file with the Georgia Secretary of State, and it may be searched for online by the public at this link https://ecorp.sos.ga.gov/BusinessSearch.  Enter "Paces Mountain Association, LLC"  as the search term.  We are covered by and in compliance with the laws of the State of Georgia and of the United States.

Terms
 

These Terms set forth the conditions and limits under which you may use our website, products, and services we offer and advertise. 


Products and Merchandise


This website offers visitors and potential customers tangible, physical products of Photographic Art, including prints and electronic digital downloads of photographs, and closely related products and merchandise as offered for online sale by the owner, and then manufactured, processed, and shipped by third party services provided by Wix.com Inc. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.


In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.


The prices we charge for our photographic art and related products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing, shipping charges, and sales tax is available on the payments page when you check out.


Online orders for photographic prints, electronic digital downloads, and related products and merchandise are fulfilled by a third party provided by Wix.com, Inc.  

 

Blogs

 

Visitors to this website may find Web Logs, also known as blogs here.  William Hunton writes blogs for the enjoyment of visitors and customers.  These are creative works presenting the opinions of the author regarding many subjects, but primarily about photography.  From time to time visitors may subscribe to premimum content as described on the website.  Subscription prices for blog content are subject to change. At this time the blog is free to read and enjoy. 
 

Copyrights and Usage of Photographs and Electronic Digital Downloads, and Blogs
 

⦁    Nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works thereof, except as noted in the purchase of such licenses that we sell per image. There may be additional rights and restrictions noted in the separate license agreement found on the digital download page for each image. 


⦁    We do not assign any rights to the customer other than those listed and sold to the customer. The customer may not confer or assign rights to anyone who may come in possession of the photographs and electronic digital downloads previously purchased from this website, nor do you have any rights to blog content. 


⦁    The customer may purchase licenses associated with electronic digital downloads for limited commercial or editorial use.  A single purchase of a license allows a maximum of ten (10) uses per image.  Usage may be for editorial purposes.  Usage for commercial purposes is limited.  See restrictions below.  

 

Prohibited usage: 


⦁    We do not grant licenses or rights to the customer to use electronic digital downloads, or photographic prints and merchandise for any illegal purpose or activity.  


⦁    We do not grant licenses or rights to any customer, website, publication, business, or organization that produces, sells, or displays pornography.  You may not use our photographs in advertising pornography.  You may not use our photographs to support business activity that portrays or presents or depicts intimate sexual activity, such as sexual intercourse or related activity. You may not use our photographs or copies of our photographs for any such purpose described in this paragraph regardless whether the business is legal.

  
⦁    We do not grant any license, nor does the customer have any right to use, the likeness of any person pictured in the images on this website, for any commercial purpose without first contacting the person(s), obtaining permission from the person(s) pictured, and properly compensating said person(s) for such use of their image.  Contact us in writing at pacesmountainassoc@gmail.com regarding commercial licenses.


⦁    We do not grant any license nor does the customer have any right to use any image of any private property, any copyrighted property, or any trademarked property pictured in images on this website, for any commercial purpose without first contacting the property owner(s), obtaining their permission, and properly compensating the owner(s) for such  use.  Contact us in writing at pacesmountainassoc@gmail.com regarding commercial licenses.  


⦁    The customer has limited licenses for editorial use of images they download.  Editorial use is restricted, and it is determined by the laws of the state and country where the image is downloaded.  Contact us in writing at pacesmountainassoc@gmail.com regarding editorial licenses.

 
⦁    We comply with all state laws and the laws of the United States in regard to the lawful use of photographic images.  We respect copyright and ownership protections.  


⦁    Contact us in writing at pacesmountainassoc@gmail.com if you have questions regarding restrictions and reasonable exceptions to these policies.  


⦁    The owner William Hunton and his family and heirs and Paces Mountain Association, LLC reserve all copyrights to all images shown on this website and all other images created by William Hunton.  All Rights Reserved. In other words, my photographic artwork does not become your artwork simply because you purchase a copy.  

 

Custom Prints, Portfolios, and Books


I advertise custom photographic prints, portfolios, and books on this website.  All custom products and merchandise are produced personally by the owner, William Hunton.  The customer and owner agree mutually about the artwork being requested by the customer.  All such agreements are outside the terms noted in this document.  Contact the owner in writing at pacesmountainassoc@gmail.com.

 
Photographic Services


We advertise Services on this website.  We offer three (3) services.  They are portrait photography, event photography, and real estate photography.  We offer services in the metropolitan Atlanta area, within the state of Georgia, USA, and within negotiable travel and time limitations.  We consider any location outside of the ten (10) metropolitan Atlanta counties, and outside a 25 mile radius of Smyrna, Georgia, in Cobb County as long distance and we negotiate prices and fees for such locations.  The metropolitan Atlanta area is defined by the Atlanta Regional Commission https://atlantaregional.org/.


We contract Services separately.  Service contracts are not covered by this website.  We reserve the right to add, change, and remove photographic services and prices.  Contact us in writing at pacesmountainassoc@gmail.com for details.  Response to the customer's initial contact is usually 1 to 2 business days.   


Fees for photographic services are subject to change, they are negotiable, and contractually agreed upon before work is begun.  Travel mileage, number of locations, and time availability is limited and negotiated in the services contract.  All fees and expenses are paid to Paces Mountain Association, LLC  by the customer.  
If you are interested in our services please email us at pacesmountainassoc@gmail.com.

 

Payment and Currency

 
The charges for photographic art, electronic digital downloads, and related products plus applicable taxes and shipping costs must be paid in full at the time of purchase during the checkout process.

 
All prices listed are in United States currency.  All transactions are ultimately completed in United States currency at the going rate of exchange at the time of the transaction.

 

There are no refunds to a customer nor are their any additional charges levied upon a customer as a result of fluctuations in currency exchange rates. 


Returns 


We will work with you to resolve issues with our products. We are very interested in your enjoyment of our artwork.  We want to have repeat customers and we want to have a good reputation. 

All photographic products are processed by Order A Print. This is Wix.com in-house print processor.  Photographs and products are produced at several locations around the world.  Orders may be canceled within 24 hours of ordering. All photographic products, except downloads, are manufactured when ordered.  We do not keep inventory on hand.  After 24 hours we are unable to accept returns of orders.  If you receive a damaged or defective product, you must contact us within 7 days of the delivery date.  We will investigate your claim.


When we receive a valid claim for a product purchased from us, we will either repair the relevant defect or replace the product.  We sell art.   If a defect in material or workmanship occurs, and if we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to us


We are unable to offer a return on electronic digital downloads of photographs.  We will refund your order if a digital download fails and if we cannot fix that problem.  Because we cannot verify if a download completed or not, proof of the failure to download is the responsibility of the customer.  We will work with you to complete the download process if it fails.  


Indemnification


You agree to indemnify and hold William Hunton and Paces Mountain Association harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services and products offered on the website.


Limitation of Liability


To the maximum extent permitted by applicable law, in no event shall William Hunton and Paces Mountain Association be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the products and services on this website.


To the maximum extent permitted by applicable law, William Hunton and Paces Mountain Association assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our products and service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.


Right to Change and Modify Terms


We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website, the products offered, or the service.


Promotional Emails and Content


We may request to send you promotional material and content.  We will not spam you.  If you don't want to receive such promotional materials or notices – please just notify us at any time. 


Preference of law and dispute resolution


These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States and the state of Georgia, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in city of Smyrna, Georgia USA.  

 

The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Thanks

 

None of the above means anything to unscrupulous people intent on taking advantage of other people.  We will work with you as people of good will who honor other people of good will.  We thank you for your business.