Terms and Conditions

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1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Viva Maria website and related services ("Site", "Services") operated by Viva Maria ("I", "me", "my"). By accessing or using the Site or purchasing services/products, you agree to these Terms.

2. Services and Products

I provide photography, artwork, writing, prints, digital products, commissions, and related services. Descriptions, pricing, availability, and delivery estimates are posted on the Site and may change without prior notice.

3. Orders, Quotes, and Payment

- Placing an order, booking a session, or accepting a quote creates a binding agreement once payment terms are met.

- Payment methods accepted are listed at checkout. Payment may be processed by third-party payment processors; I do not store full card details.

- Deposits may be required for bookings; deposits may be non-refundable as stated in your invoice or agreement.

- Final payment is due as specified in the invoice or prior to delivery of final work.

4. Cancellations and Rescheduling

- Cancellation, rescheduling, refund, and deposit policies for sessions, commissions, and purchases are specified in your invoice or contract. If no policy is provided, contact me to discuss options.

- I reserve the right to cancel or reschedule due to illness, emergency, or circumstances beyond my control. In such cases I will offer alternative dates or a refund when applicable.

5. Delivery and Shipping

- For digital goods, delivery is typically via download link or email. For physical goods, shipping costs, methods, and estimated delivery times are shown at checkout.

- I am not responsible for delays caused by carriers, customs, or inaccurate shipping information provided by the buyer.

6. Intellectual Property

- All content on the Site — including photographs, artwork, text, designs, logos, and site code — is owned or licensed by me and protected by copyright, trademark, and other laws.

- Unless a separate written license or assignment is provided, purchasing a print or other product does not transfer copyright. Customers receive a limited, non-exclusive license to display purchased works for personal, non-commercial use only.

- Commercial use, reproduction, distribution, sale, or alteration of my work requires a separate written license and may incur additional fees.

7. Client Usage and Licensing

- Commission agreements and commercial licenses will specify permitted uses, duration, territory, and any restrictions. Using images beyond the agreed license is a breach of these Terms and may result in legal action and additional fees.

- Clients must credit Viva Maria where reasonably practicable when images are published publicly, unless an agreement states otherwise.

8. User Content and Submissions

- You may submit messages, inquiries, or materials (collectively, "User Content"). By submitting, you grant me a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and display the User Content for purposes related to providing Services, promotion, and on the Site.

- You represent and warrant that you own or have rights to any User Content and that it does not violate third-party rights or laws.

9. Third-Party Links and Services

The Site may contain links to third-party sites and use third-party services. I am not responsible for content, practices, or privacy policies of third parties.

10. Warranties and Disclaimers

- I provide Services and products "as is" and "as available." To the fullest extent permitted by law, I disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

- Color, texture, and appearance of printed materials or screen displays may vary; slight variations are not defects.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will I be liable for indirect, incidental, consequential, punitive, or special damages arising from your use of the Site or Services. My total liability for direct damages will not exceed the amount you paid for the specific Service or product giving rise to the claim in the prior 12 months.

12. Indemnification

You agree to indemnify, defend, and hold harmless Viva Maria and its affiliates, agents, and representatives from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, misuse of content, or violation of third-party rights.

13. Termination

I may suspend or terminate access to the Site or Services at any time for violation of these Terms, inactivity, or other reasons. Termination does not limit rights to pursue other remedies.

14. Refunds and Returns

Refund and return policies are provided on a per-product or per-service basis in invoices, product pages, or contracts. If no policy is specified, contact me to arrange resolution.

15. Privacy

My Privacy Policy explains how I collect, use, and share personal information. By using the Site you agree to that policy.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules. You and I agree to submit to the exclusive jurisdiction of state and federal courts located in Texas for any dispute arising under these Terms.

17. Changes to Terms

I may modify these Terms at any time. Material changes will be posted on the Site with an updated effective date. Your continued use after posting constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions remain in full force.

19. Contact

For questions, bookings, licensing requests, or concerns, contact:

Viva Maria

lamourenmars@gmail.com