Last Updated on: August 19, 2021

By using this website as a user (“You”), You agree to the following Terms and Conditions of Use and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by Sam Callahan Photo LLC, an Illinois Limited Liability Company (hereafter “Company”). Our principal place of business is located in Brookfield, Illinois.

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.

Age Requirements

You must be at least 18 to use Company’s website, including all content found, contained, or otherwise available on said website.

Intellectual Property Notice

All text, photographs, graphics and other materials on this site are subject to the copyrights and other intellectual property rights of Sam Callahan Photo LLC and are protected by United States Copyright Laws (USC Title 17). Website materials may not be copied for any reason, including your personal use, commercial use, or distribution, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company. Company may prosecute You to the fullest extent permissible should Company choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Company’s intellectual property immediately.


Digital Products 
By purchasing any product from Sam Callahan Photo LLC on this website, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of our product(s) to anyone, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our products permanently.

Digital Products Return Policy

Digital products such as Lightroom presets, ebooks, and templates which are downloadable are not eligible for return. Products such as online courses are eligible for a return within 30 days of purchase.

Communications

Any communications made by Company through the website including but not limited to blog entries, blog comments and replies, newsletters, sign up promotions, or other related materials, directly to Company phones or physical mail or Company email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. Company own any and all communications displayed on Company website, servers, comments, emails or other media as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content regardless of the form of said content. For more information on when and how Company may store and use communications or any data provided to in those communications or other use of Company website, please refer to Company Privacy Policy on this page.

We maintain a right to republish any submission wholly or in part at Company’s sole discretion and within the regular course of Company’s business. Further, Company has sole discretion over the content appearing on the website and may, at any time and for any reason, remove, delete, or otherwise censure any post made to the website by a Third-Party. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate. Should Company elect to remove a post or submission, You have no recourse for said removals. Further, Company may, at its sole discretion, remove or otherwise restrict your ability to post or otherwise interact on Company’s website.

Disclaimers

Our website and related materials are provided for educational, promotional, and informational use only. You agree to indemnify and hold harmless Company for any direct or indirect loss or conduct incurred as a result of Your use of Company website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While Company may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. Company offers no professional advice or recommendations outside the scope of its daily business. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

While Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

This website is updated on a regular basis and while Company will attempt to make accurate statements in a timely and effective manner, Company does not guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at info@samcallahanphoto.com


Advertisements

We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.

Earnings Disclaimer

Company uses the website to assist in marketing and promotional activity to further its business goals. At no time does Company represent, promise, agree to, or otherwise owe any portion of any income or business generated through the use of website with You. 

Affiliates

This site may use affiliate links to sell certain products or services. Company disclaims any and all liability as a result of Your purchase through one of these links. Company will use reasonable efforts to notify You when and where Company has placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time Company feels You have violated these Terms and Conditions, Company shall immediately terminate Your use of Company website and any related communications as Company deems appropriate. It is within Company’s sole discretion to allow any user’s access of Company website, and Company may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Company site(s).

Entire Agreement

The information contained herein constitutes the entire agreement between site users and Company relating to the use of this website.

Severability & No Waiver

If any part of these Terms and Conditions of Use is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. Any failure by Company to enforce a provision of this Terms and Conditions of Use shall not constitute a waiver of any other portion or provision of this Terms and Conditions.

Headings

Headings and titles are provided in this Terms and Conditions of Use for convenience only and will not be construed as part of the legal terms.

Venue and Jurisdiction

This Terms and Conditions of Use and Our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Illinois, County of Cook including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Cook County, Illinois. You assume responsibility for all costs and legal fees incurred on your behalf should enforcement of these conditions should it become necessary. Should Company prevail in a claim against You for a violation of these terms and conditions, Company has the right to seek reasonable legal fees and costs incurred as a result of your breach.

Arbitration

Any and all disputes or disagreements rising between Company and You out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached, shall be subject to arbitration in accordance with the procedural rules of the American Arbitration Association. Arbitration is a pre-requisite to the commencement of any legal proceeding as indicated in the conditions above. Company and You agree arbitration is non-binding unless otherwise agreed during the arbitration process. The arbitration proceeding shall take place in Cook County, Illinois. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Questions

If You require any more information or have any questions about these Terms and Conditions of Use or Our Privacy Policy, please feel free to contact us by email at info@samcallahanphoto.com.

Terms and Conditions

Last Updated on: August 19, 2021

By using this website as a user (hereafter “You”), You agree to the following Privacy Policy. Please read this policy carefully before using this website.

This website is owned and operated by Sam Callahan Photo LLC, an Illinois Limited Liability Company (hereafter “Company”). Our principal place of business is located in Brookfield, Illinois.

For any privacy-related questions, you can reach us at info@samcallahaphoto.com

General

Thank you for visiting SamCallahanPhoto.com. Company takes privacy and security seriously. This Privacy Policy describes what information Company collects and how it is used and shared. BY AGREEING TO USE THIS WEBSITE THE USER ACKNOWLEDGES THAT THE USER HAS READ AND UNDERSTANDS THE PRIVACY POLICY TERMS AND AGREES TO BE BOUND BY THEM. IF THE USER DOES NOT AGREE TO ANY OF THESE TERMS THE USER IS PROHIBITED FROM USING THIS WEBSITE.

Please read this Privacy Policy carefully. Company will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Company website. You waive specific notice of any changes to the Policy by continuing to use and access Company site(s). You are encouraged to review this Privacy Policy periodically, when You use Company website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by Your continued use of Company website after the revised Privacy Policy is posted.

Information Collected

We collect a variety of information from You when You visit Company website, make purchases, or interact with us on social media. By accepting this Privacy Policy, You are specifically consenting to Company collection of the data described below, to Companies use of the data, to the processing of this data, and to Company’s sharing of the data with third-party processors as needed for Company’s legitimate business interests. The information Company collect may include:

Personal Data: Personal Data is information that can be used to identify You specifically, including but not limited to, names, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on Company’s website or any mobile application. You provide some of this information when registering with or making purchases from Company website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information. Your refusal may prevent you from accessing certain benefits from Company’s website or from making purchases.

Derivative Data: Derivative data is information that Our servers automatically collect about You when You access Company’s website, such as IP addresses, browser type, the dates and times of access of Company’s website, and the specific pages You view. If You are using a mobile application, Our servers may collect information about, but not limited to, the device name, type, phone number, country of origin, and other interactions with the Company server or application.

Financial Data: Financial data is data that is related to payment methods, such as credit card or bank transfer details. Company collects financial data, as provided by You, in order to allow purchases, orders, returns or exchanging products or services from Company website and any related mobile apps. We store limited financial data for the purpose of tracking placed orders. Most financial data is transferred to the Company's payment processor. Please review these processors’ Privacy Policy to determine how they use, disclose and protect financial data.

Social Networking Data: Company may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may, but is not limited to, including names, social network usernames, locations, email address, age, gender, profile picture, and any other public information. Any such access is permitted and pursuant to the terms and conditions of the respective social media platforms.

Mobile Device Data: If You use Our website via a mobile device or app, Company may collect information about mobile device, including device ID, model and manufacturer, and location information.

Other data: On occasion, You may provide Company with additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that such information is offered in exchange for an entry into such a contest or giveaway.

Use of Information

Your information allows Company to offer certain products and services, including the use of Company’s website, to fulfill Company’s obligations, to customize interaction with Company and website, and to suggest other products and services Company believes may interest you. Company generally stores data and transmit it to a third-party for processing. However, to the extent Company may process data, Company does so to further its’ legitimate business interests.

We may use the information and data described above to, amongst additional activities:

1. Create and administer an account; 
2. Deliver any products or services purchased; 
3. Correspond with directly to you; 
4. Process payments or refunds; 
5. Contact you about new offerings; 
6. Interact social media accounts; 
7. Issue a newsletter or other updates about Company or Website;
8. Deliver targeted advertising; 
9. Request feedback; 
10. Notify You of updates to products and service offerings; 
11. Resolve disputes and troubleshoot any problems;
12. Administer contests or giveaways;
13. Generate a personalized profile; 
14. Compile anonymous statistical data; 
15. Assist law enforcement as necessary; 
16. Prevent fraudulent activity on Company’s website or mobile app; and
17. Analyze trends.

Disclosure of Information

Company may share information with third parties in certain situations. In particular, Company may share data with third-party processors as needed to serve Company’s business interests, which include administration of website, administration of accounts, entering into contracts, communicating, taking orders for goods or services, delivering goods and services, identifying trends, protecting the security of Company and website, and marketing additional goods and services. Use of the website is Your consent to Company’s use and disclosure of collected information.

The following are specific reasons why Company may share your information.

Third-party Processing: Company may disclose information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third-party Processing” Section below.

By Law: Company may be required share data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

To Protect Company: Company may use information to protect itself, including but not limited to, investigating and remedying any violations of Company’s rights or policies. Company may also disclose information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

Affiliates: Company may share personal information with business affiliates who promote product(s) or service(s) for a commission fee. Company requires affiliates to honor this Privacy Policy. They are not allowed to spam and must disclose they are an affiliate for us. If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to info@samcallahanphoto.com.

Advertisers: Company may use third-party advertising companies to run and manage ads, to produce ads, or other advertisements that appear when visiting Company’s website or mobile app. These vendors may use information about Your visit to Company’s website and other websites that are contained in web cookies (as described below) to offer personalized advertisements about goods and services that might interest You. Company does not control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Other third parties: Company may share information with advertisers, investors, or other third-parties for the purpose of conducting general business analysis. Company will make any required disclosures if such events take place.

Interaction with others: If You interact with others on Company’s website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of Your data, including Your name, profile picture, and Your history of interaction with Company’s website, such as prior comments or posts.

Online postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.

External Links: Company websites may include hyperlinks to other websites not controlled by us. Company does not regularly monitor the websites of these third-parties, are not responsible for any damage or consequences suffered by using these hyperlinks. 

Other purposes: We may disclose data as necessary to protect your interests, or the vital interests of others or Company’s interests.

Tracking Technologies

Cookies, Log Files and Web Beacons: Company may use log files. These files log visitors to the site. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

Company may also use cookies - small text files sent to us by users computer - and web beacons to store certain information. Company may use cookies to authenticate identity, for personalization, for security, for targeted advertising, or for analysis of the performance of website and services, amongst other uses. 

In addition, Company may use third-party software to post advertisements on Company’s website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third-party softwares may use cookies or similar tracking technology. 

Website Analytics

Company may partner with third-party analytic companies, including but not limited to Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. Company does not transfer personal information to these third-party vendors.

Processing Your Information

In most circumstances, Company does not process information in-house, but utilizes a third-party processors for processing. 

Company may, from time to time, process data internally. Company’s purposes in processing this information is to administer, maintain, and improve the website and offerings, to enter into contracts, to fulfill the terms of those contracts, to keep records of transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third-parties. 

Data Retention

Company retains personal data as long as it is needed to conduct legitimate business purposes or to comply with legal obligations. Data that Company gathers for a specific and particular purpose will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us will be deleted.

Minors

This website is not designed for use by children under age 16. Company does not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. 

Your Rights

You have certain rights with respect to personal data, as outlined within this Privacy Policy. Company may charge a reasonable fee for actions that You ask us to take with respect to data. Company also reserves the right to request that You provide evidence of Your identity before Company take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with compelling business interests, the public interest, or the law.

Update Account Information: You have the right to update or change any information You have provided to us. To update or delete Your information, please contact us at info@samcallahanphoto.com

Opt-Out of Communications: If you do not wish to receive marketing communications from Us, you can unsubscribe via the link in an email you have received.

Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.

Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes.

Processing: In some circumstances You may restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, Company will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Doing so may result in the termination of Your account and loss of access to Our website.

Newsletter and Marketing

You may volunteer certain information to Company that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You can unsubscribe from any future communications via email, but Company reserves the right to maintain a database of past email subscribers. Company reserves the right to use this information as reasonably necessary in due course of business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting business.

Data Breach Procedures

Company takes all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. We cannot guarantee complete security of any information You transmit to us.

By consenting to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of Your data by other parties.

Privacy Policy Changes

Although most changes are likely to be minor, Company may change our Privacy Policy from time to time, at its sole discretion.

Notice to California Residents

The California Privacy Protection Act and the California Business and Professions Code require that We summarize Your privacy rights. Company will provide You with the categories of personally identifiable information that is collected through this website and the categories of third-party entities with whom such personal information may be used at Your request. California law allows You to control who We can and cannot share your personal information with. To obtain any information You are entitled to under California law, please send a request by email or through contact form on this website. There is no charge to requesting this information from Company

Privacy Policy