Your use of photobyodell.com (“Website”) is conditioned upon your acceptance of these legal terms of use, including our privacy policy. By using the website, you agree to these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site. The website is owned and operated by Photography By Odell LLC.
I. Privacy
You should review our Privacy Policy to understand our privacy practices.
II. Terms of Use
License and Website Access
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
reproduce, duplicate, copy, sell, or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, or other content (“Website Content”) for any commercial purpose, except as expressly provided; use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters, or similar technology); use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website; engage in any activity that interferes with the website or another user’s ability to use the website; modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the website and the services offered on the website; or assist or encourage any third party in engaging in any activity prohibited by these Terms of Use. Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures, and other communications we provide to you by e-mail satisfy any legal requirement that such communications be in writing. (“Mobile Terms”) Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms and the rest of the Terms and Conditions.
By opting in, You agree that you are solely responsible for all message and data charges that apply to using your mobile device to access the Sites or a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.
Copyright
All Website Content is our property or the property of our content suppliers and is protected by copyright laws. The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to Photography By Odell – Website, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute, or transmit any portion of this Website or do any derivative works from this Website in any way without the express prior written consent of Photography By Odell – Website.
Trademarks
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or other intellectual property appearing on this Website is owned or licensed by Photography By Odell – Website or its parents, affiliates, or subsidiaries may not be used by You without the prior written consent of Photography By Odell. Your use of this Website does not grant You any right, title, interest, or license to any such intellectual property appearing on this Website. All other trademarks and service marks not owned by photobyodell.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance; Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure outlined in the immediately following paragraph. Except in limited instances under authorized agreements. Upon receipt of any bona fide infringement claim or becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed, or used on the website in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form where indicated, and submit it to:
Photography By Odell
Attention: Legal Department
2769 Richmond Highway
Suite 111-1141
Stafford, VA 22554
Reviews, Comments, Communications, and Other Content
Visitors may post or submit reviews, comments, communications, and other information via our website, by email, or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review the content you submit, we reserve the right to edit or remove any content we find objectionable. We take no responsibility and assume no liability for any content visitors post to our website.
Third-Party Links and/or Services
The website may contain links to or services offered by third parties that are not controlled by photobyodell.com (“Third Party Services”). Any such Third Party Services are provided for your convenience only, and you access them at your own risk. Any concerns regarding Third Party Services should be directed to the particular outside service.
III Limitation of Liability
We do not accept the responsibility that the website, its servers, or e-mails sent from the website are free of viruses or other harmful components. We will not be liable for any damages arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you, and you might have additional rights.
IV. Terms of Sale
These Terms of Sale apply to all purchases and orders placed by you and all agreements concluded between “Photography By Odell” in relation to the products and services offered on this website.
Return Rights
Our limited edition prints are expertly crafted on-demand, ensuring that each one is signed, numbered, and thoroughly inspected before shipping. While we strive to deliver exceptional quality with every print, We understand that certain scenarios may warrant a return of the product.
Here are the criteria we adhere to when considering those situations:
When a print has been damaged during transit or has a defect in the product(s).
Upon delivery of your artwork, we ask that you carefully examine it for any damages or defects and notify us of your claim within 48 hours by sending an email to return@photobyodell.com.
Reporting visible defects within 48 hours of delivery is important, as we will not be responsible thereafter. Please note that we will not accept any liability for any conditions of a print after 48 hours of delivery. We are also not liable for conditions of use or storage within the customers’ location after the reporting time, which may affect the product in any way.
Return Process
If your Limited Edition order satisfies our return policy above, we would be delighted to provide you with a return label for shipping purposes. Please be aware that all products, including the signed certificates, documents, and original packaging, must accompany the print(s) during their return journey.
We assure you that upon receipt of the returned item(s), we will promptly notify you through email. Our team will meticulously review and inventory the product(s) within 48 hours and provide you with a replacement order number. Trust us to handle your returns professionally and efficiently.
All replacement orders will be shipped 1-2 days after inspection to the name and address that was included in the original order.
Refunds or Cancellation
In order to process a refund or cancellation, it is required to send a request within 24 hours of purchase. Please direct all refund requests to sales@photobyodell.com with the subject line: Refund Request. In the message body, include your order number and a brief explanation for the request. We will promptly review and process your refund or cancellation request.
Refunds requested after the designated time frame will be issued in the form of store credit only.
Once a refund is processed, we’ll promptly reach out and let you know we will initiate the refund using the original payment method. Please note that depending on your card issuer’s policies, you may see the credit within a certain number of days. Please note that the shipping cost is non-refundable.
Our mission has been to provide quality products, and we appreciate your continued trust in Photography By Odell as your go-to source for all your photography needs. Thank you for your cooperation.
Pricing
Prices for Prints are specified on the product page for such Open and Limited Edition Prints. You acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you were responsible and which will be separately identified on your receipt at checkout. Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced due to price changes implemented at or about the time of your visit to the website. However, If an item’s correct price is higher than our stated price, your sole recourse is to cancel your order.
Acceptance of Order
We reserve the right to refuse or cancel any order. In such an event, your sole recourse shall be the return of amounts paid by you related to such order (if any).
Sales Tax
Items shipped to destinations in the states of Alabama, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, Wisconsin, and Ohio are subject to tax.
Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that the product descriptions or their displays on the website are 100% accurate, complete, or error-free.
COLOR & ANOMALIES
Our art production process uses calibrated monitors and printers to match the original art colors closely. Viewing our art from other screens may not correctly depict each color as shown on the website.
Photography By Odell
2769 Richmond Highway
Suite 111-1141
Stafford, VA 22554
Updated: January 2023