All images on this website are protected by Copyright Laws, and cannot be reproduced or used in any shape without prior written consent by BORIS MAR PHOTOGRAPHY.
Our business is located in
Information we collect.
We do not collect personally identifiable information about you other than the information you voluntarily submit to us when placing an order or submitting an inquiry to us. Such information may include mailing address, telephone number, e-mail address, username and password, and credit card information (that you submit to us for order processing).
Other types of data will also be collected periodically, such as:
- Type of browser and operating system, mobile application usage data, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically.
- Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users.
- Device Information – Device type, OS and identifier
These types of information do not generally identify or relate to you as an individual, and we will not seek to associate these types of information with you as an individual. Please understand, however, that others might seek to do so and we cannot guarantee that parties with whom we may share such information might not succeed in re-identifying or associating non-personal information with particular individuals.
How do we use information?
- Process and manage your purchase and use of our products and services.
- Respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums.
- Create and deliver personalized promotions based on your purchases and other interactions with us.
- Send you communications about offerings from Boris Mar Photography and our affiliated companies.
- Improving our online services, including to perform data analysis, audits, fraud monitoring and prevention, identify usage trends, determine the effectiveness of our promotional campaigns, and to operate and expand our business activities.
Use or sharing of Personal Information.
Except as set forth below, we will not knowingly disclose your Personal Information to anyone outside of borismar.com:
To Perform Services for You.
We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, shipping of prints, e-mail delivery, auditing and other similar services necessary to the borismar.com online services and services you request.
Corporate Transactions or Events.
We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
Compliance with Law.
We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies, including fraud detection and prevention; (6) to protect the rights, privacy, safety or property of Boris Mar Photography or others ; and (7) to enforce our terms and conditions.
Third Party Marketing.
We also may share your contact information with selected third-party marketers, for them to send you information about goods or services we think may be of interest to you. If you would like us to stop providing your information to our third party marketing partners, you may opt-out by emailing us with your instructions at firstname.lastname@example.org.
Use or sharing of Non-Personal information.
Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).
Cookies, Web-Beacons and Online Advertising.
What Are Cookies?
Boris Mar Photography and its agents use small text files called cookies, (collectively, “Cookies”). Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your online interaction with us. A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number.
Your Control of Cookies.
Web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable Cookies, some features of the borismar.com online services may not work as well (or at all) for you.
Social Networking and Third Party Sites.
The borismar.com online services are not intended for children under the age of 16. We will not knowingly collect any personally identifiable information from children under the age of sixteen (16). If we learn that we have obtained any personally identifiable information about a child under age 16, we will delete that information.
We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the borismar.com online services. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.
Retention of Information.
We do not retain credit card or other payment information after a transaction is closed. While this means you will need to re-enter your information for each subsequent transaction, it helps reduce risks of sensitive data becoming accessible to unauthorized persons. Following termination of any transactions with you, we will retain other information about your transactions (what you ordered, etc.). Unless you request that your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes.
Managing your Account Information and Communications Preferences.
Changes and Updates.
Your use of our sites and apps.
You may access and use our Sites and Apps solely for your personal, noncommercial use. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps. While using any of our Sites and Apps, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of: “hacking” or defacing any portion our Sites and Apps; using mechanisms, software or other scripts capable of disrupting the function of the Sites and Apps; imposing any unreasonable or excessive burden on the Sites and Apps infrastructure; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of the Sites and Apps.
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.
You have the option to create an account to assist you in placing orders. You also can order and checkout as a guest without creating an account. But if you choose to do so, then you won’t enjoy the benefits of having an account, which include the easy ability to track the status of orders and to save time when placing new orders. The choice is yours. If you do choose to create an account, please keep your username and password confidential; you are responsible for any access to your account using your username and password. We reserve the right to cancel or reject any account or any order at any time in our discretion.
Third-Party Sites, Software and Services.
Other sites may provide links to our Sites and Apps with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Sites and Apps, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.
All images on this website are protected by Copyright Laws, and cannot be reproduced or used in any shape without prior written consent.
Disclaimer of Warranties.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OR OUR TERMS OF
Limitation of Liabilities.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “BORIS MAR PHOTOGRAPHY PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE BORIS MAR PHOTOGRAPHY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BORIS MAR PHOTOGRAPHY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE BORIS MAR PHOTOGRAPHY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE BORIS MAR PHOTOGRAPHY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
We appreciate your interest in improving our Sites and Apps; however, please note that any ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
Intellectual Property Notices.
All rights reserved. All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Changes and Updates.
These Terms are governed by and construed in accordance with the laws of
Initial Dispute Resolution.
We are available by email at email@example.com to address any concerns you may have regarding our products or services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Class Action Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 14 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You are responsible for supplying all required information when submitting an order, including complete name, shipping and billing address (no P.O. Boxes), telephone number, valid e-mail address, and valid payment method. No responsibility is assumed for mis-delivery due to incorrect information supplied by a customer. BORIS MAR reserves the right to refuse or cancel any order at any time, in which case the customer’s sole remedy is a refund of any payment(s) made for such order.
It is not possible to change your order once it has been placed. The only exception is the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, please contact the Boris Mar Photography customer service via email at firstname.lastname@example.org.
Payment for any order must be made in advance at the time the order is placed. You may pay for your order by using PayPal, or such other means as we may in future choose to accept. In the event of a stopped payment, disapproved charge or other failure to submit pre-payment, BORIS MAR shall have the right to cancel the order or, if already shipped, to seek payment and hold customer responsible for any and all costs of collection, including but not limited to reasonable attorneys’ fees, as well as to charge interest at the rate of 1.5% per month (or the highest allowable rate by law if less than 1.5% per month) until payment is made.
You acknowledge and understand that (a) colors as seen on a computer monitor may not look the same as the colors as they appear on our manufactured product, and (b) no guarantee is made that any image as seen online will necessarily match exactly the colors on the final product.
Delivery time depends on the shipping option you choose when ordering. Please allow at least 4-6 weeks for your Limited Edition, plus the shipping time based on the shipping option you selected.