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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Return Policy
All Sales are final. We do not offer refunds, returns, or exchanges on any of our products. If the item you ordered was damaged during shipping please contact us for more information. If the item you ordered is defective please review your manufacturer’s warranty and contact the manufacturer directly. TME Racing Photography takes great pride in providing quality products and service for our customers. If you have any issues with our product manufacturers please contact us immediately to discuss the problem. We will do our best to resolve any issues related to your order.


Photo Sales
All photo sales are directly sent to the photographer that took the photos. TME Racing Photography is by no means liable for any photo sales. Each photographer is 100% liable for all order related issues. TME Racing Photography is not responsible for any refunds and or returns. If you have any problems with your order please contact the photographer directly.


Photographer Member Agreement
You as a member of TME Racing Photography acknowledge and agree to the following information.
  • You agree to fulfill all photo orders within 7 business days (Monday-Friday).
  • All photos sent to us for the purpose of online photo sales will be posted on our website.
  • You as the photographer maintain all copyrights associated with these photos.
  • TME Racing Photography as a company is not responsible for any image theft that may occur.
  • TME Racing Photography agrees to obtain written consent from you as the photographer before using any photos for promotional or commercial use.
  • You as a member of TME Racing Photography understand that you are responsible for all images that you submit for sales. You agree to accept all legal and financial responsibility for all copyright disputes and or lawsuits related to any of the photos you submitted to TME Racing Photography.
  • TME Racing Photography reserves the right to remove any photos that may cause legal issues or conflicts directed toward our company or our affiliates.
  • If you as a member choose to cancel your membership to TME Racing Photography you acknowledge that all of your photo galleries will be removed from our website and website server within 72 hours of receiving your cancellation. Even if you cancel your membership you as a member of TME Racing Photography acknowledge and agree that you are still 100% responsible for all legal and or financial issues related to any of the photos you submitted to TME Racing Photography during your membership.
  • There is absolutely no refunds or credits if you choose to cancel your membership. You’re galleries will be removed from our website once your previously paid membership runs out.
  • You may cancel your membership at any time.
  • TME Racing Photography reserves the right to cancel your membership at anytime. If we choose to cancel your membership all of your photos will be removed from out website immediately. If you have any remaining time left on your membership TME Racing Photography may grant you a partial refund. You as a member of TME Racing Photography understand that we are not obligated to grant you any form of refund if we choose to cancel your membership. Refunds are based on individual circumstances.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TME Racing Photography. The collective work includes works that are licensed to TME Racing Photography. Copyright 2007, TME Racing Photography ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TME Racing Photography or purchasing TME Racing Photography products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TME Racing Photography or to purchase TME Racing Photography products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TME Racing Photography. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of TME Racing Photography used in the site are trademarks or registered trademarks of TME Racing Photography


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TME Racing Photography disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TME Racing Photography does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TME Racing Photography does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
TME Racing Photography shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TME Racing Photography has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a TME Racing Photography product is mistakenly listed at an incorrect price, TME Racing Photography reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TME Racing Photography reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TME Racing Photography shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TME Racing Photography without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
TME Racing Photography may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TME Racing Photography.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TME Racing Photography products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TME Racing Photography products) must be commenced within one (1) year after the claim or cause of action arises. TME Racing Photography's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TME Racing Photography may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TME Racing Photography or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
TME Racing Photography does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TME Racing Photography is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TME Racing Photography reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TME Racing Photography in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless TME Racing Photography, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, TME Racing Photography may link to sites operated by third parties. However, even if the third party is affiliated with TME Racing Photography, TME Racing Photography has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TME Racing Photography. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TME Racing Photography seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).