Terms & Conditions

Tara Mapes Fine Art Photography AKA Enchanted Eye Creations^®

Please read these terms and conditions ("terms", "terms and conditions") carefully before using Tara Mapes Fine Art Photography website (the "service") operated by Tara Mapes aka Tara Mapes Fine Art Photography aka Enchanted Eye Creations Photography by Tara Mapes ("us", 'we", "our"), www.taramapes.com.

During checkout these terms are provided and must be reviewed and agreed to prior to checking out. By checking out you agree to all of the terms below.

You have read the listing description in its entirety. You have reviewed and made an informed purchase. Items are digital and nothing will be shipped.

ALL SALES ARE FINAL AND NON-REFUNDABLE

DIGITAL ORDER DELIVERY REVIEW: Every purchase may be manually reviewed prior to delivery. At times, this can take up to 24 hours, but generally during regular hours, purchases are delivered within minutes of purchase.

ALL PURCHASES ARE NON-REFUNDABLE

These Terms & Conditions ("Agreement") constitute a legally binding agreement made between you, as an individual ("you") and WWW.TARAMAPES.COM ("we", "us" or "our"), concerning your access to and use of the https://WWW.TARAMAPES.COM website ("Website") and the services we offer ("Services").

Website.

• We last updated our Terms & Conditions on Feb 24 2023 to include TESTER Terms
• We last updated our Terms & Conditions on Mar 4, 2024 to include new separate newsletter terms.

Delivery

Once your file is delivered by Tara Mapes, AKA Enchanted Eye Creations Photography by Tara Mapes (Tara Mapes), the transaction is complete. Please save your files to a cloud server to protect your purchase. In the event of file loss or damage post-delivery, Tara Mapes is not required to provide replacement files to you. You may submit requests for replacement files via email at hello@taramapes.com and include your order number, order date and request for replacement, but that submission does not guarantee replacement.

NEWSLETTER SIGN UP

This site is a subdomain of www.taramapes.com hosted by Ecwid and located at store.taramapes.com. When you check out, you are provided with an option to opt-in to newsletters from this shop's platform Ecwid. These are generally notices about abandoned carts, favorited items or anniversary discount coupons you can use on the shop. This is a separate newsletter from the domain www.taramapes.com which is powered by Wix. If you have physically visited and signed up for that newsletter, you will receive sales, discounts, new product and other marketing emails regarding both products here and also products that are not on this site, such as my masterclasses. The option to opt into the sales and discounts newsletter is also sent to you with each order confirmation but you are not automatically added, you must sign up yourself. If you unsubscribe from an ECWID newsletter (abandoned carts/favorites) it will not unsubscribe you from the separate sales and promo newsletter you signed up for on www.taramapes.com. You must unsubscribe from the newsletter you signed up for to stop receiving it. You acknowledge and understand this when signing up to each newsletter and agree you understand by using this site. If you have questions, email hello@taramapes.com.

Content Disclaimer

The products and content on our website are posted at the sole discretion of WWW.TARAMAPES.COM. Please note that the information provided may not always be current or updated, and should not be assumed to reflect the most recent developments.

No Refunds

Due to the digital nature of these products, all sales for all products are FINAL. THERE ARE NO REFUNDS. This information is also provided on each listing.

Terms of Use

Limited License: Products offered here including but not limited to: digital backgrounds, overlays, actions and tutorials are intended for and licensed to photographers for the use with their in-person photography sessions only.

• All product licenses are between you, the personal buyer, are for your personal use only or to be used with your photography client sessions only.
• None of my backgrounds purchased by an employee of a company constitutes a license agreement with a company.
• You must take the picture of your clients yourself to use digital backgrounds.
• Digital items cannot be used as part of an editing service or remote editing.
• No elements may be separated from this file and used to make new backgrounds or to make elements for sale.
• Products may not be redistributed, resold or incorporated into any design for sale, whether in print or digital.
• Products may not be used in tutorials.
• Educational products such as tutorials cannot be purchased by those who already teach, whether for free or paid.
• You agree that when purchasing a tutorial you will not recreate a similar tutorial for a minimum period of 3 years.
• Discount codes cannot be combined and may expire/be restricted at any time without prior warning.
• You agree not to share download links to purchased products, or actual products/tutorials with others and/or redistribute them, and in doing so you will be liable for damages, both actual and punitive in a legal action. I reserve the right to also pursue those who illegally redistribute or sell my intellectual property criminally. If you are found sharing your login details or links your access and account will be permanently restricted. You will no longer have access to any online products.
• You are bound by the laws of the United States and if you violate license terms, including infringing on my copyright, you will be subject to the jurisdiction of the United States, State of Indiana.
• I reserve the right to refuse the sale of my products to anyone for any reason
• I reserve the right to revoke your license to use my products if you violate any terms.
• If you use PayPal as payment, files will be sent to the email registered with PayPal.
• Your details are captured during checkout for the purposes of validation, fraud and risk. By using this website you agree to these terms. By placing an order you agree to all of these terms as you are required to review them before checkout. Please view the privacy policy for other details regarding your personal information and tracking.
• It is your responsibility to read these terms and by checking the box at checkout you are representing that you fully read these terms.

Tester Opportunities Terms & Conditions

Tester products will be offered sporadically by Tara and a coupon code will be provided to testers for one free background from a special collection of backgrounds as long as the tester agrees to share a composited final within 7 days of the purchase in at least two places: Once in the educational group Photography and Editing Education by Tara Mapes and once publicly on a personal or business Facebook page or Instagram page and they must state "Digital Background by Tara Mapes Photography and tag my page.

If you choose to participate in a tester option where you receive a free product in exchange for sharing, and you are approved, you must tag Tara Mapes Photography when posting on social media whenever you share it.

Tara Mapes has the right to refuse tester opportunities to anyone for any reason at any time.

Each tester period has one coupon for one free digital backdrop per tester per period.

If customers are found to abuse the coupon by making additional emails or failing to share within 7 days of receiving the free product, they will be banned from all future testing opportunities and may lose access to free educational groups managed by Tara Mapes and ultimately may lose access to purchasing from Tara Mapes in the future.

You must agree to these terms, and the site terms, and be bound by them when participating.

Tester opportunities can end at any time for any reason without notice.

Indemnification

By using this website or purchasing any products or services through it, you agree to defend, indemnify, and hold harmless Tara Mapes, Enchanted Eye Creations, and all affiliates of WWW.TARAMAPES.COM from any claims, damages, losses, costs, or expenses (including attorneys’ fees) arising out of or related to your use of the site or its offerings. If you do not agree to these terms, please do not make a purchase from this website.

Third-Party Websites Links & Content

Our website may include links to external websites ("Third-Party Websites") that are owned and operated by entities other than WWW.TARAMAPES.COM. For more information, please refer to our Privacy Policy.

These links are provided solely for your convenience. WWW.TARAMAPES.COM does not monitor, control, or assume responsibility for the content of any Third-Party Website.

The presence of a link to a Third-Party Website does not constitute an endorsement of its content, nor does it imply any sponsorship, affiliation, or association with its owner, operator, or sponsor—unless explicitly stated. Additionally, inclusion of such links does not grant WWW.TARAMAPES.COM any rights to use, nor imply authorization to use, any trademarks, logos, official seals, or copyrighted material displayed on those Third-Party Websites.

Copyrights and Trademarks

Unless otherwise indicated, all content on this website—including but not limited to text, images, graphics, logos, trade dress, trademarks, service marks, and other intellectual property, whether registered or unregistered ("Intellectual Property")—is owned, controlled, or licensed by WWW.TARAMAPES.COM.

In cases where public domain images or licensed assets are incorporated into a final product, copyright is claimed only for the original additions made by Tara Mapes, such as custom artwork, elements, enhancements, and edits. Tara Mapes does not claim ownership of the underlying public domain image or any incorporated licensed material in its original form.

Nothing on this website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property shown or referenced herein without prior written consent from the rightful owner.

WWW.TARAMAPES.COM vigorously protects its intellectual property rights to the fullest extent permitted by law. The names, logos, and branding of WWW.TARAMAPES.COM and Enchanted Eye Creations® may not be used in any form, including for advertising or promotional purposes, without express written permission.

Proper acknowledgment is required for any fair use of WWW.TARAMAPES.COM’s Intellectual Property. All other trademarks or company names mentioned on this site are the property of their respective owners.

Additional terms

Please read these additional terms and conditions ("terms", "terms and conditions") carefully before using Tara Mapes Fine Art Photography website aka Enchanted Eye Creations (the "service") operated by Tara Mapes Fine Art Photography dba Enchanted Eye Creations ("us", 'we", "our") , creator of the Painterly Pro Masterclass/masterclasses.

All sales and discounts may change at any time. Coupons and discounts cannot be combined.

Conditions of Use

Use of this site is subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions.

Sales

Sales are not fixed and are subject to change at any time. Discount codes are not perpetual and are subject to change/be discontinued without notice.

All prices are in USD. This site is not responsible for incorrect currency conversions displayed.

Privacy Policy

Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Communications
By interacting with this website or sending emails to us, you are engaging in electronic communication. You consent to receive electronic communications from us, including but not limited to emails, notices, and updates. If you subscribe to our newsletter, you agree to receive periodic emails from Tara Mapes and Enchanted Eye Creations®.

Applicable Law
By accessing this website, you agree that the laws of the State of Indiana, without regard to conflict of law principles, shall govern these Terms and Conditions and any dispute that may arise between you and Tara Mapes Fine Art Photography, doing business as Enchanted Eye Creations®.

Disputes
Any dispute arising from your use of this website or from any products or services purchased shall be resolved exclusively in the state or federal courts located in Indiana, USA. By using this site, you consent to the exclusive jurisdiction and venue of these courts.

License
All licenses granted are personal, standard, non-commercial, and non-transferable. They are issued solely between the purchaser and Tara Mapes, also known as Enchanted Eye Creations®. Licenses may not be transferred, shared, resold, or modified. The license holder may not extend usage rights to any third party.

User Account
If you create an account on this website, you are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
We reserve the right to terminate accounts, restrict access, remove content, or cancel orders at our sole discretion.

Unauthorized sharing of your account credentials or purchased content is strictly prohibited. If such activity is discovered, we reserve the right to pursue legal remedies, including recovery of all losses, damages, and legal fees incurred.

No Warranties; Limitation of Liability; Indemnification

This website is operated by WWW.TARAMAPES.COM on an “as is” and “as available” basis. To the fullest extent permitted by law, no warranties—express or implied—are made regarding the operation of the website or the content, products, or services offered. WWW.TARAMAPES.COM expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the website will be uninterrupted, error-free, or secure, nor that the content is accurate, complete, reliable, or current. You use this website at your own risk.

In no event shall WWW.TARAMAPES.COM, its owners, affiliates, agents, or representatives be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising out of or related to your use of the website, inability to access it, or any transaction conducted through it. This includes, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses, even if advised of the possibility of such damages.

Our total liability for any claim related to a transaction shall not exceed the amount you paid to WWW.TARAMAPES.COM for that specific transaction.

Note: Some jurisdictions do not allow limitations on incidental or consequential damages. If these laws apply to you, some of the above limitations may not apply.

You agree to indemnify, defend, and hold harmless Tara Mapes, Enchanted Eye Creations®, and all affiliates of WWW.TARAMAPES.COM from and against any claims, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from your use of the website, your violation of any third-party rights, or your breach of these terms.