Legal | Artist Couple

Artist Couple Website and online store Terms and Conditions

Artist Couple,LLC offers this Website, including all information, software, products and services available from this Website or offered as part of or in conjunction with this Website (“Artist Couple”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Artist Couple Website reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your continued use of the Website constitutes your agreement to all such terms, conditions and notices, and any future changes and updates to the Terms and Conditions made by Artist Couple, LLC.

The term ‘artistcouple.com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither Artist Couple, LLC nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Artist Couple, LLC. Artist Couple, LLC reserves the right to change or discontinue at any time any aspect or feature of the Website without notification and with immediate effect.

Exclusion of Liability

The content of the pages of this website is for your general information and private use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnification

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.

None of the material contained on Artist Couple Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Artist Couple Website. Violation of this provision may result in severe civil and criminal penalties.

Effective Date: 01/03/2025

Artist Couple, LLC (“we,” “us,” or “our”) values your privacy. This Privacy Policy outlines how we collect, use, store, and protect your personal information when you visit our website (www.artistcouple.com), interact with us, or use our services.

By using our website, you agree to the practices outlined in this policy.

1. Information We Collect

We collect information to provide and improve our services:

• Personal Information: Name, email, phone number, address, payment details, and other details provided when ordering products or services.

• Browsing Information: IP address, browser type, device information, and website usage details collected via cookies and similar technologies.

2. How We Use Your Information

We use your information solely for:

• Processing orders, payments, and delivering products or services.

• Personalizing your browsing experience on our website.

• Responding to inquiries and providing customer support.

• Sending transactional emails, order confirmations, or updates.

3. Data Sharing

We do not sell, rent, or trade your personal information to third parties.

We may share your information with trusted third parties only when necessary to:

• Process payments (e.g., payment processors).

• Deliver products (e.g., shipping providers).

• Comply with legal obligations or protect our rights.

4. Cookies and Tracking Technologies

We use cookies to enhance your browsing experience. Cookies help us:

• Remember your preferences.

• Analyze website performance.

You can disable cookies through your browser settings, but doing so may limit certain features of our website.

5. Data Retention

We retain your information only as long as necessary for the purposes outlined in this policy or as required by law.

6. Data Security

We implement technical, administrative, and physical safeguards to protect your data from unauthorized access, disclosure, or misuse. However, no method of transmission over the internet is 100% secure.

7. Your Rights

Depending on your jurisdiction, you may have the right to:

• Access, correct, or delete your personal information.

• Opt out of receiving promotional emails by following the “unsubscribe” link.

To exercise your rights, please contact us at artistcouplellc@gmail.com

8. Children’s Privacy

Our website is not intended for children under 13. We do not knowingly collect personal information from children.

9. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices of these sites.

10. Updates to This Privacy Policy

We may update this policy from time to time. Changes will be posted on this page with the “Effective Date” updated accordingly.

11. Contact Us

If you have any questions about this policy or how your data is handled, please contact us:

Artist Couple, LLC

149 Three Creeks Dr.

Bertram, TX 78605

artistcouplellc@gmail.com

512-574-5326

By using our website, you acknowledge that you have read and understood this Privacy Policy.

Licensing

Some of the products and services Artist Couple, LLC offers are bound by the terms of our licensing agreements. The use of these products and/or services automatically binds the user (Client) to the terms of our licensing agreement for which the applicable agreement is for.

Real Estate Photography

products and services offered for the intent of listing and selling real property is considered "Real Estate", "Real Estate photography" or some variation of such. These products, services and any content, media, deliverables or marketing materials created for such intent is bound by the Real Estate Photography Licensing agreement:

AGREEMENT This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as "PHOTOS") for the property listed on invoice. This Agreement governs the relationship between the parties and in no event shall any email communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing and signed by both parties. Rights: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.Photos may be uploaded to MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice© and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the DigitalMillennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement. Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date on invoice, or (2) at the termination of Client's representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer's permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos and payment of invoice in full. Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer's employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement. Creation: The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer's manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client's specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines. Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer's sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Photographer has no obligation to retain or archive any Photos delivered to Client. Fees: All fees and expenses payable under this agreement are required upon delivery of invoice and are payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within ten (10)) days all rights are revoked at Photographer's discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed with in ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed. No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Photographer. Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations. Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary releases and ensure they are full effect and in force. General Law/ Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Texas. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Burnet County, Texas, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys' fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. Limitation of Liability. Photographer’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, shall not exceed the amount of payment received for the Services. Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.

Rental Property

products and services offered for the intent of listing and advertising real property for the purpose of short-term or long-term occupation by persons other than the owner of the property is considered "Rental Property", "Rental Property photography" or some variation of such. These products, services and any content, media, deliverables or marketing materials created for such intent is bound by the Photo Licensing (license) Agreement:

This Photo License Agreement (this "Agreement'1 is made as of the date listed on the invoice (the "Effective Date') by and between Artist Couple LLC. ("Photographer'') and("Client"). The parties agree as follows: License. Photographer hereby grants to Client a non-exclusive, limited license to use the work (the "Photos"): Professional photos taken of rental property for the purpose of advertising the property for rent only. This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as "PHOTOS") for the property listed on invoice. This Agreement governs the relationship between the parties and in no event shall any email communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing and signed by both parties.

2. Ownership of Photos. Client agrees that, subject to the rights and licenses granted herein, all Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the rental of the Property. Photos used for any purpose not directly related to the rental of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing. Photographer is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Photos and any copies of the Photos. Photographer reserves all rights and licenses not expressly granted in this Agreement.

3. Restrictions of Use. Client will not use the photos for any of the following purposes

A. No Unlawful Use. Client will not use the Photos in any unlawful manner, such as defamation.

B. No Alterations. Client will not alter the Photos without the prior written permission of the photographer.

C. No Sub-licenses. Client will not sublicense the Photos without the prior written permission of the photographer.

D. No Use in Trademark or Logo. Client will not use the Photos in any trademark, design, logo or other mark.

E. No Use Outside Terms of Agreement. Client will not use the photos except for the sole purpose of advertising the property for the purpose of renting the property listed in this agreement.

4. Photo Notice and Markings. Client does not need to include a photo credit or copyright notice on the Photos unless specifically requested by the Photographer.

5. Indemnification. Client will indemnify, defeat and hold harmless Photographer from all liability, claims, demands, causes of cation, judgments, damages, and expenses including reasonable attorneys' and experts' fee and costs) arising out of or as a result from use of the Photos by Client.

6. Limitations of Liability. EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED BY LAW, NEITHER PARTY, NOT ANY AFFILIATE, WILL BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY, ANY AFFILIATE OR OTHER THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTIVE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. CLIENT MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. PHOTOGRAPHER DOES NOT SEEK TO LIMIT CLIENT'S WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.

7. Term. This agreement will commence on the Effective Date and will continue in full force and effect for an initial period of 3 years.

8. Termination. Either party may terminate this Agreement immediately upon delivery of written notice to the other party specifying clearly the grounds for termination if the other party commits a material breach of its obligations under this Agreement and fails to cure the breach within fourteen (14) days after written notice of the breach is received by the beaching party. For the avoidance of doubt, termination will be without prejudice to any liability incurred prior to the effective date of termination.

9. Assignment. This Agreement may not be assigned by Client without Photographer's prior written consent. Photographer may assign this Agreement, in whole or in part, to any affiliate or successor.

10. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will be valid and enforceable and the parties will negotiate in good faith a substitute, valid and enforceable provision which most nearly puts into effect the intent of the parties.

11. No Waiver. This Agreement may not be altered, modified, or amended in any way except in writing signed by both parties. The failure of a party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.

12. Entire Agreement. This agreement represents and constitutes the entire agreement between the parties, and supersede and merge all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties.

13. Governing Law. The parties hereby agree that this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of Texas, without reference to rules governing choice of laws.

14. Disputes. Any dispute arising fro this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

15. Attorneys' Fees. If either party brings legal action to enforce its rights under this Agreement, the Client will be solely responsible for for any and all expenses (including reasonable attorneys' fees and costs) incurred in connection with the action an any appeal.

16. Notices. All notices, demands or other communications to be given under this Agreement by either Party to the other may be effected either by personal delivery in writing or by U.S. mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated as of two (2) days after mailing.