Terms and Conditions
General information
Please read these Terms of Use carefully. By using this site or submitting an order for photographs to Real Dakota Photography, you indicate your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this site and do not submit any orders on this site.
Copyright and Trademark Information
It is illegal to reproduce photographs taken by a professional photographer or copyrighted images without the permission of the copyright owner. As with any image, your possession of a copy of a digitized image does not in itself mean you have any rights to use it. The photographer generally owns the copyright of an image, and only the copyright owner or someone authorized by the copyright owner can give you permission to use the image.
REAL DAKOTA PHOTOGRAPHY owns the copyrights of the photographs on this site. Except as otherwise required by applicable law, you may not reproduce, distribute, modify, retransmit, or publish any copyrighted material without the written consent of the copyright owner, including, without limitation, print or electronic reproduction, publication, or any display of photography. In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by the copyright owner, or if you otherwise infringe any intellectual property rights relating to the photography, products, or this website, you agree to indemnify and hold REAL DAKOTA PHOTOGRAPHY, its subsidiaries, affiliates, licensees and representatives harmless against any losses, expenses, costs, or damages, including reasonable attorney's fees, incurred by them as a result of unauthorized use of the photography or products and/or your breach of the terms of this agreement.
In addition to the photographs, all screens appearing on this site, including graphics, text elements, site design, logos, images, and icons, as well as their selection, assembly, and arrangement, are the sole property of REAL DAKOTA PHOTOGRAPHY and are copyrighted by REAL DAKOTA PHOTOGRAPHY unless otherwise specified.
As a site user, you acknowledge that this site may contain information, data, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively “content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. All content is copyrighted as a collective work under the U.S. copyright laws, and REAL DAKOTA PHOTOGRAPHY owns a copyright in the selection, coordination, arrangement, and enhancement of the content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content. You may not upload, post, reproduce, or distribute any content protected by copyright without obtaining permission of the owner of the copyright.
Disclaimer and Limitation of Liability
Use of this site is at your sole risk. Neither REAL DAKOTA PHOTOGRAPHY nor its affiliates, nor any of their officers, directors, or employees, agents, third party content providers, photographers, or others warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this site.
REAL DAKOTA PHOTOGRAPHY PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. REAL DAKOTA PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REAL DAKOTA PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE PHOTOGRAPHS, INFORMATION IN THIS SITE, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THE THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Safe Shopping Guarantee
The purchase area of this site is designed to be secure. REAL DAKOTA PHOTOGRAPHY has taken measures designed to make shopping with us safe. If you experience fraudulent use of your credit card as a result of shopping with REAL DAKOTA PHOTOGRAPHY, notify your credit card company in accordance with its reporting rules and procedures.
Return Policy
Our goal is 100% satisfaction therefore digital products are non-refundable. If unhappy with the photo, DO NOT ORDER. Wait until a retake is taken and decide then if you want to order. Digital products include prints, products and our digital downloaded images.
Shipping Policy
Depending on the event photographed and the type of products ordered, items will either be distributed by REAL DAKOTA PHOTOGRAPHY or they will be mailed directly to you via United States Postal Service standard delivery. Shipping and handling charges are determined by REAL DAKOTA PHOTOGRAPHY and are charged to you at the time you place your order in accordance with REAL DAKOTA PHOTOGRAPHY's pricing policies.
Sales Taxes
REAL DAKOTA PHOTOGRAPHY charges sales taxes. You are responsible for paying applicable sales taxes.
Miscellaneous
REAL DAKOTA PHOTOGRAPHY reserves the right to make changes to this site and to these Terms of Use at any time. Any modifications will become effective when they are first posted to this site.
This agreement shall be governed by, and construed in accordance with, the laws of the State of South Dakota. Any legal action or proceeding between you and REAL DAKOTA PHOTOGRAPHY concerning this agreement shall be commenced exclusively in a federal or state court of competent jurisdiction in South Dakota.
This agreement and any applicable policies and procedures of REAL DAKOTA PHOTOGRAPHY constitute the entire agreement of the parties with respect to its subject matter and supersede all previous written or oral agreements between the parties.
