Privacy Policy & Terms of Use

The privacy of our visitors, clients, friends and customers of fotoweek.com is important to us and maintaining your trust and confidence is one of our highest priorities.
We recognize that privacy of your personal information is important and respect your right to keep your personal information confidential and understand your desire to avoid unwanted solicitations.  Here is information on what types of personal information we receive and may collect when you use and visit fotoweek.com and how we safeguard your information. We never sell or rent your personal information to third parties.

Log Files

As with most other websites, we may collect and use the data contained in log files.  The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or local cable company), the browser you used to visit our site (such as Firefox, Safari or mobile), the time you visited our site and which pages you visited throughout our site.

Cookies and Web Beacons

We do use cookies to store information, such as your personal preferences when you visit our site (when available).  This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as private galleries.

You can choose to disable or selectively turn off our cookies within your browser settings. However, this may affect how you are able to interact with our site.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic,  and managerial procedures to safeguard and secure the information we collect online. All correspondence and transaction information is secured off-site.

Our Commitment To Children’s Privacy:

Protecting the privacy of the very young is especially important. For that  reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

You can edit your personally identifiable information that we collect online and maintain by sending us an email. We use this procedure to better safeguard your information.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Should you have other questions or concerns about these privacy policies, please contact us.

Terms of Use

THIS IS A BINDING LEGAL AGREEMENT BETWEEN Fotoweek.com, Susan McAnany AND YOU, OR, IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY IMAGES. BY PURCHASING AN IMAGE, BREAKING THE DISC PACKAGING SEAL, OR DOWNLOADING AN IMAGE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

GRANT OF RIGHTS

Once an image id purchased Fotoweek and Susan McAnany grants you (or your employer) a personal, non-transferable, non-exclusive right to transfer an image, or collection of images on your personal computer. Images may be shared by creating an Image library so long as no more than 3 specific individuals.

PERMITTED USES

Purchased Images may be used in perpetuity on a worldwide basis in personal or commercial uses in: advertising, promotional materials, and/or packaging; broadcast or theatrical exhibition; online or electronic distribution including web design; for electronic or print publication; for personal noncommercial use including test, sample, comp or layout.

Purchased images may be incorporated in products offered for sale where the image is a significant part of the product (such as T-shirts, book covers, non-disposable packaging, coffee mugs, posters, greeting cards etc.) You will need to purchase an additional resale illustration license to incorporate an image into these types of products.

PROHIBITED USES

You may not use the Images in any manner that is not expressly permitted in this agreement. All rights not expressly granted by this agreement are retained by Susan McAnany and Fotoweek.

Images may not be incorporated into a derivative artwork for which a claim of new copyright may be sought or obtained. Images may not be incorporated in a product for the purpose of redistributing, sublicensing or re-selling the image, and the Images themselves may not be re-sold, licensed, or rented.

You shall not: make any use of an image in whole or in part that is not expressly provided for in this Agreement;

Use, or allow anyone else to use any image, in whole or in part, for or in association with any pornographic purposes, or in any manner which is or could be considered to be libelous or defamatory, or that in any way is or could be potentially unflattering or controversial for the model in the image. If any product featuring a model is used in a manner that would lead a reasonable person to believe that the model personally endorses or uses a Product or Service, or if the depiction of the model is used in connection with “Sensitive Issue” subjects, including, but not limited to subjects such as contraception, sexual or implied sexual activity, sexual preferences, dating services, chat lines, substance abuse, physical or mental abuse, violence, poverty, homelessness, dysfunctional family matters, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailment or disability or serious physical or mental disease or any diagnostic test for same, you must include a statement which indicates that the person(s) depicted is a model and is being used for illustrative purposes only.

Use of an image in any products for sale or license where the primary value resides in the Product itself, including retail t-shirts, posters, calendars and postcards. If you would like to use an Image for such purposes, please contact us.

Use an image as a logo, trademark or service mark.

Use of an image in any template or application, whether online or not, with the purpose of creating multiple impressions of a Product, including but not limited to: website design templates, presentation templates, electronic greeting cards, business cards, e-business cards, or any other electronic or printed matter If you would like to use a Product for such purposes, please contact us.

Use, make available for use, transfer, license, sell or otherwise distribute an Image in such a manner that a person can extract or access the Image as an electronic file, including posting a image online in a downloadable format, posting an image on any electronic bulletin board or using an image in electronic greeting cards. For clarity You may, use an image as part of a web page design provided the image cannot be downloaded separately.

GENERAL

All rights in and title to the Images and software involved in the distribution of the Images are owned by Susan McAnany and its licensors and are protected by copyright and other laws. No title to or intellectual property rights in the Images are transferred to you.

All rights not expressly granted are reserved. The Images may not be transferred by you without the prior written consent of Susan McAnany and Fotoweek. This license will terminate automatically without notice if you fail to pay in full for an image or breach any of its provisions. For purposes of this license, the singular includes the plural and vice-versa. This agreement may not be modified except in writing, duly signed by Susan McAnany owner of Fotoweek. This agreement will be governed in all respects by the laws of the State of Florida, and venue for all disputes arising under this agreement, or your use of the Images, shall lie exclusively in the Superior or Federal Courts of the State of Florida.

RETURNS

All fine art prints sold through Fotoweek.com are custom printed and inspected by the artist prior to delivery for quality, color, fit and finish, all sales are final with no return, refund or exchange.  Resellers and galleries displaying Susan’s work may offer more liberal return policies.

LIMITED WARRANTY AND LIMITATIONS OF LIABILITY

Susan McAnany and Fotoweek warrants the Images to be free from defects in material and workmanship for 7 days (prints), 3 hours (downloads) from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Image(s) at Susan McAnany’s option. Susan McAnany MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Susan McAnany, ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR OR ANY THIRD PARTY USE OF THE IMAGES. IF Susan McAnany or susanmcanany.com SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTYS USE OF THE IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF Susan McAnany and susanmcanany.com SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE IMAGE. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND Susan McAnany/Fotoweek IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.

TRADEMARKS

All trademarks are the property of their respective owners.

Revised January 13, 2021