Legal Terms

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

THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF BORISMAR.COM AND ANY ASSOCIATED MOBILE APPS OR SERVICES. It describes our practices on gathering, use and sharing of personal information. BY ACCESSING OR USING ANY OF THE BORIS MAR ONLINE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DON’T AGREE, PLEASE DO NOT USE ANY OF THE BORIS MAR ONLINE SERVICES.

Our business is located in Singapore. Our online privacy practices are governed by the laws of Singapore. By using any of the borismar.com online services, you understand and agree that any information you submit or is gathered about you will be transmitted to and stored in Singapore. You further consent to the use and disclosure of that information accordance with applicable Singapore laws and with this Privacy Policy.

Information we collect.

Personal Information.

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).

Non-Personal Information.

Other types of data will also be collected periodically, such as:

  1. 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.
  2. Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users.
  3. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in The Cookies and Web Beacons section of this Privacy Policy.
  4. 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?

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the borismar.com online services. This includes the following:

  1. Process and manage your purchase and use of our products and services.
  2. Respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums.
  3. Create and deliver personalized promotions based on your purchases and other interactions with us.
  4. Send you communications about offerings from Boris Mar Photography and our affiliated companies.
  5. 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 info@borismar.com.

 

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.

How We Use Cookies.

We use Cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the borismar.com online services.

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.

When you sign in or link to borismar.com through any social networking service, such as Facebook, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service. We do not control, and are not responsible for, the privacy practices of such networks or services. You should consult the privacy policy of such networks/services. If you post information in a public forum it becomes public information. The borismar.com online services may provide links to other sites or services. If you use such other sites or services, check their privacy policies. We are not responsible for the privacy practices of any other site or service.

 

Children.

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.

 

Security.

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.

If you have any questions about this Privacy Policy or our privacy practices, please email us at info@borismar.com.  In addition, if you wish to exclude your personal information from our direct marketing activities, or if you would like to update or delete your email address, mailing address or other personal information, or otherwise manage communications you receive from us, please contact us at info@borismar.com.

 

Changes and Updates.

We will notify you of changes to this Privacy Policy by posting the amended terms on the borismar.com website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to this Privacy Policy by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the new terms, you should stop using the borismar.com online services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at info@borismar.com and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.

 

Welcome to borismar.com. Please read these Terms of Use (“Terms”) carefully. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile applications (collectively, our “Sites and Apps”). By visiting any of our Sites and Apps, you agree to these Terms and our Privacy Policy. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms, as well as our Terms of Sale. We may also occasionally offer the opportunity to participate in sweepstakes, contests, or other similar promotions, each of which will have additional terms you must accept in order to participate. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion.

THESE TERMS CONTAIN AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES.

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:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
  2. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  3. 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.
  4. Violate any applicable laws or regulations;
  5. 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);
  6. Engage in spamming;
  7. Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  8. Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and
  9. 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.

    Our Sites and Apps may direct you or link to sites, software or services owned or operated by third parties. We do not endorse or approve any such sites or services, and we have no responsibility for them. You are responsible for any business you choose to conduct with any other party. We encourage you to read the terms of service, privacy policy, and any other similar documents relating to any third-party site or service.

    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. 

     

    Copyright.

    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 SALE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE THAT OUR SITE OR APPS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT THEY WILL OPERATE WITHOUT ERRORS. THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

     

    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.

     

    Idea Submissions.

    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.

    We may revise these Terms from time to time, as well as our Terms of Sale or Privacy Policy. We will notify you of changes to these Terms by posting the amended terms on the borismar.com website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the borismar.com website. Otherwise, the new terms will take effect after thirty (30) days. Continued use after changes take effect constitutes acceptance of the changes.

     

    Miscellaneous.

    These Terms are governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.  If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicense able by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: info@borismar.com.

     

    Arbitration Agreement.

    Initial Dispute Resolution.

    We are available by email at info@borismar.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.

     

    Ordering.

    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.

    Changes.

    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 info@borismar.com.

    Payment.

    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.

    Color Matching.

    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.

    Personal Data.

    All information submitted by you in connection with any order is governed by our Privacy Policy.

    Delivery.

    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.

    General.

    All orders and transactions also are subject to the Boris Mar Photography Terms of Use policy, including, but not limited to, the limitations on damages and exclusions of warranties set forth therein. The Terms of Use also include provisions for arbitration of disputes and other important terms you should review. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. No responsibility is assumed for any errors in listed prices or other information, all of which we reserve the right to correct. Orders are not final or binding until accepted by us. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Boris Mar Photography is not responsible for any delay or failure in delivery due to causes beyond its control, including, but not limited to, acts of god, war, terrorism, embargo, quarantine, accidents, fire, explosion, flood, severe weather, epidemic, riots, civil disturbance, unavailability of labor or transportation or any other similar or dissimilar cause. You are responsible for the proper and safe handling of any prints or other products you order from us. To the extent allowed by law, Boris Mar Photography’s liability for any claim relating to any product purchased from us is the amount you paid for the product.