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 will 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, whether personally or on behalf of an entity ("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").

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

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

Products and postings on our Website are made at such times as WWW.TARAMAPES.COM determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information.

Services

You understand that www.taramapes.com offers photography and editing tools, education, backgrounds, overlays and other items for sale for photographers.

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

• 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 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. This does not waive any rights to pursue redistribution 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 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

You agree to defend, indemnify and hold Tara Mapes, Enchanted Eye Creations and any and all affiliates of WWW.TARAMAPES.COM harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Products or Services you purchase through it. If you do not agree, do not purchase from this site.

Third-Party Websites Links & Content

Our Website may contain links to other websites ("Third-Party Websites") owned or operated by parties other than WWW.TARAMAPES.COM full details are provided in our privacy policy.

Such links are provided for your reference only. WWW.TARAMAPES.COM does not monitor or control outside Third-Party Websites and is not responsible for their content.

WWW.TARAMAPES.COM’s" inclusion of links to a Third-Party Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does WWW.TARAMAPES.COM' inclusion of the links imply that WWW.TARAMAPES.COM is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Third-Party Website.

Copyrights and Trademarks

Unless otherwise noted, all materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by WWW.TARAMAPES.COM. In the event that public domain images or licensed content are used as part of the digital background, copyright is only claimed as so far as the added art, elements, editing, and other content that has been added to the image and provided as a final product. Tara Mapes does not claim ownership of the original public domain art as it is or copyright of the original incorporated licensed asset.

Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner.

WWW.TARAMAPES.COM aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of WWW.TARAMAPES.COM and Enchanted Eye Creations® may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from WWW.TARAMAPES.COM.

Fair use of WWW.TARAMAPES.COM’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual 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.

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Tara Mapes Fine Art Photography dba Enchanted Eye Creations and/or its licensors/partners and protected by international copyright laws unless otherwise stated.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you are communicating with us. You hereby consent to receive communications from us. If you subscribe to the newsletter on our website, you are going to receive regular emails from us.

Applicable Law

By visiting this website, you agree that the laws of the state of Indiana, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Tara Mapes Fine Art Photography dba Enchanted Eye Creations and you.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Indiana USA and you consent to exclusive jurisdiction and venue of such courts.

License

All licenses are personal in nature, standard and non-commercial and between you, and Tara Mapes aka Enchanted Eye Creations®. Licenses to use the images cannot be transferred, shared, redistributed or otherwise modified. The purchaser is bound by the terms of the license and cannot modify or extend the license to anyone else.

User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders and block access to products and/or the site.

If you share your user login and/or purchases with others, we will seek legal action for losses, costs and legal fees.

No Warranties; Exclusion of Liability; Indemnification

This website is operated by www.taramapes.com on an "as is," "as available" basis, without representations or warranties of any kind to the fullest extent permitted by law, www.taramapes.com specifically disclaims all warranties and conditions of any kind, including all implied warranties for our website and any products or services you purchase through it. www.taramapes.com shall not have any liability or responsibility for any errors or omissions in the content of our website, for products or services sold through this website, for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website.

Your use of our website is at your own risk. In no event shall either www.taramapes.com or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website and purchases through our website, the delay or inability to use our website or otherwise arising in connection with our website whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. in no event shall www.taramapes.com’ liability for any damage claim exceed the amount paid by you to www.taramapes.com for the transaction giving rise to such damage claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

www.taramapes.com does not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.