TERMS OF SERVICE
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TonyFrantz.com ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.tonyfrantz.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by these Terms of Use. Please read them carefully.
Additional terms, conditions, or documents that may be posted on the site periodically are expressly incorporated into these Terms by reference. We reserve the right to modify or update these Terms of Use at any time and for any reason, at our sole discretion. By continuing to use the Site after the revised Terms of Use are posted, you acknowledge and agree to the bound by the updated terms and will be considered to have been made aware of and to have accepted the changes.
The information on the Site is not intended for distribution or use by any individual or entity in any jurisdiction or country where such actions would violate laws or regulations or impose registration requirements on us within that jurisdiction. Therefore, individuals accessing the site from other locations do so at their own discretion and are solely responsible for ensuring compliance with applicable local laws.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all functionality, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned, controlled or licensed to tonyfrantz.com, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
USER RESPONSIBILITIES
It is with utmost importance that you provide accurate and complete information during the registration or purchase process in order to avoid any delays, misunderstandings, or issues in the services provided. You are responsible for ensuring that all data submitted is up-to-date and truthful. Any misrepresentation or omission of critical details may result in disruptions, service cancellations, or additional charges.
Additionally, you agree to:
Timely Communication: Respond promptly to requests for information, approvals, or clarifications to facilitate seamless service delivery.
Adherence to Policies: Abide by the terms, conditions, and policies outlined by us, ensuring mutual respect and understanding.
Maintenance of Confidentiality: Safeguard sensitive information shared during the service period, and refrain from unauthorized distribution or misuse.
Payment Obligations: Fulfill all financial responsibilities, including timely payments as per the agreed-upon terms, to maintain uninterrupted service.
Notification of Changes: Inform us of any changes to your account, contact information, or service requirements as soon as possible.
By adhering to these responsibilities, you contribute to a productive and satisfactory service experience for all parties involved. Failure to comply with these obligations may lead to service delays, penalties, or termination of the agreement or sale.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain links to other Third-Party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-party websites. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever concerning such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
PROHIBITED ACTIVITIES
To maintain a safe and respectful environment, we have outlined specific activities that are strictly prohibited on our site. By using our site, you agree not to engage in any of the following activities:
Data Collection and Unauthorized Use
Systematically collect/retrieve data, content, or other materials from our site to create a compilation, database, or directory without prior written permission.
Use automated tools (e.g., bots, spiders, scrapers) to access or extract information from the site without authorization from us.
Fraudulent or Deceptive Practices
Mislead, defraud, or trick other users or us to obtain sensitive information, such as account passwords or sensitive account information.
Attempt to impersonate others, use the username and password of others or provide false information in your interactions.
Harmful or Disruptive Activities
Upload, share, or distribute malware, viruses, or spamming that could interfere with the proper function of the website or harm other users.
Tamper with, hack, or bypass the site’s security features or attempt unauthorized access to restricted areas of the website.
Harassment and Harm
Use the site to harass, abuse, threaten, and harm any of our employees, individuals, or groups.
Post or distribute offensive, threatening, or defamatory content.
Legal Violations
Engage in any activities that violate local, state, national, or international laws and regulations.
Remove or alter copyright, trademark, or proprietary notices from any content on the site.
Misuse of Site Features
Exploit support services, including submitting false abuse claims or inappropriate requests.
Engage in unauthorized farming, framing, or linking of the site’s content for personal or commercial gain.
Unapproved Commercial Use
Use the website or its content for unauthorized commercial purposes, such as creating competing products or services.
Advertise, promote, or sell products, services, or content without prior approval from us.
Failure to comply with these guidelines may result in the suspension or termination of your access to the website, along with potential legal action. If you have questions or need clarification regarding our prohibited activities, please contact us directly.
REFUND, CANCELLATION & RESCHEDULING POLICY
We strive to provide high-quality services and products to ensure customer satisfaction. Please review our refund policy for the services we offer:
1. Photo Mentoring Sessions
Cancellation by the Client:
Refunds are available for cancellations made at least 48 hours before the scheduled session. A full refund will be processed within 5-7 business days.
Cancellations made less than 48 hours in advance are not eligible for a refund. However, rescheduling may be possible at our discretion.
Cancellation by Us:
If we cancel the session due to unforeseen circumstances, clients may choose between a full refund or rescheduling the session at no additional cost.
No-Show Policy:
No refunds will be provided if the client fails to attend the scheduled session without prior notice.
2. Photo Sales
Defective Files:
If a purchased photo is defective (e.g., blemished image or frames, or incorrect image delivered), please contact us within 7 days of purchase. We will either provide a replacement or issue a full refund.
Liability of product during delivery:
Once your order is handed over to the delivery carrier, all risk of loss or damage to the product passes to you as the customer. We are not liable for any destruction, loss, or damage that occurs during the shipping or delivery process.
It is your responsibility to ensure that the shipping address provided during checkout is accurate and complete. We are not liable for delivery delays, damage, or loss due to incorrect or incomplete address information.
Upon receiving your order, you are responsible for inspecting the package for any visible damage. If the product is damaged during delivery, you must report the issue directly to the delivery carrier and follow their procedures for filing a damage claim.
We do not provide refunds, replacements, or compensation for products damaged during the delivery process. By completing your purchase, you acknowledge and accept this policy.
General Conditions
Refund requests must be submitted via email or through our website.
Proof of purchase may be required to process refunds.
All refunds will be issued to the original payment method used at the time of purchase.
By using our services, you acknowledge and agree to this refund policy. For questions or concerns, please contact us through our website.
LIABILITY DISCLAIMER
By using our services or purchasing photographs from our website, you agree to the following terms and conditions. This liability disclaimer outlines the extent of our responsibilities and your acceptance of potential risks.
1. General Disclaimer
All materials, information, and services provided through our website, including mentoring sessions and photo sales, are offered "as is" and "as available." While we aim to provide high-quality and accurate content, we make no guarantees regarding its suitability, reliability, or effectiveness for your specific needs.
2. Mentoring Services
The advice, guidance, and instructional materials offered during mentoring sessions are based on our experience and expertise. However, results will vary based on individual skill, effort, and equipment.
We are not responsible for missed opportunities, technical failures, or any dissatisfaction resulting from the application of our guidance.
You are solely responsible for ensuring the proper use of your equipment and software during and after the mentoring sessions.
3. Photo Sales and Licensing
All photographs sold on this website are provided under specific licensing terms. It is your responsibility to ensure that your use of purchased images complies with these terms and applicable copyright laws.
We disclaim all liability for unauthorized use, reproduction, or distribution of purchased photographs. Any misuse or violation of licensing terms is solely the buyer’s responsibility.
Photographs are sold "as is." We do not provide warranties of any kind, including but not limited to the suitability of images for your intended purposes.
4. No Guarantee of Outcomes
We do not guarantee specific outcomes or results from the use of our mentoring services or purchased photographs. Your success depends on various factors, including your skill level, creativity, and understanding of photography principles.
5. Website Functionality and Technical Issues
While we strive to maintain a secure and functional website, we cannot guarantee uninterrupted access or error-free operation. We disclaim liability for technical issues, server outages, or other disruptions that may affect your ability to use the website or services.
6. Third-Party Links and Services
Our website may include links to third-party services or platforms. We are not responsible for the content, policies, or practices of these external sites. Any interaction with third-party services is at your own risk.
7. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages arising from your use of our website, mentoring services, or purchased photographs.
This includes, but is not limited to, loss of data, revenue, profits, or other business opportunities.
8. Indemnification
By using our services or purchasing our products, you agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your use of the website, mentoring services, or photographs.
9. Modification of Terms
We reserve the right to update or modify this liability disclaimer at any time. Continued use of our website or services constitutes your acceptance of any changes.
For any questions or clarifications about this disclaimer, please contact us before proceeding with your purchase or mentoring session.
PRIVACY POLICY
Data privacy and security are important to us. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
CONTACT US
If you have questions about these terms, please contact us at https://www.tonyfrantz.com/contact.
By continuing to use our website, you acknowledge that you have read and agreed to these Terms and Conditions.