Effective Date: July 1, 2026
AGREEMENT TO THESE TERMS
Welcome to Visuals By Marchena. These Terms of Service ("Terms") govern your access to and use of www.visualsbymarchena.com, including all pages, galleries, digital content, and services made available through this website.
By accessing or using this website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of this website.
Website Purpose
This website is provided to:
- Showcase photography and videography work
- Provide information about our services
- Allow visitors to submit inquiries
- Deliver client galleries
- Provide educational and promotional content
- Facilitate communication with prospective and existing clients
Submitting an inquiry does not create a contractual relationship. A photography or videography booking is confirmed only after both parties execute a separate written service agreement and any required retainer has been received.
Intellectual Property
Unless otherwise stated, all photographs, videos, graphics, logos, branding, written content, designs, layouts, and other materials displayed on this website are the exclusive property of Visuals By Marchena and are protected by United States and international copyright, trademark, and intellectual property laws.
No material from this website may be copied, reproduced, downloaded, modified, distributed, published, sold, or otherwise used without prior written permission from Visuals By Marchena.
Limited License
You are granted a limited, non-exclusive, non-transferable license to access and view this website for personal, informational, and non-commercial purposes only.
This license does not permit you to:
- Copy photographs or videos
- Use our work for artificial intelligence training or machine learning purposes
- Remove watermarks or copyright notices
- Reproduce website content
- Create derivative works
- Resell or redistribute any material
All rights not expressly granted remain reserved by Visuals By Marchena.
User Conduct
When using this website, you agree not to:
- Violate any applicable law
- Attempt unauthorized access to the website or its servers
- Upload malicious software or code
- Interfere with website functionality
- Use automated tools to scrape or copy website content
- Misrepresent your identity
- Use this website in any manner that may damage the business or reputation of Visuals By Marchena
Photography and Videography Services
Information presented on this website is intended for informational purposes only.
Descriptions of services, pricing, availability, turnaround times, packages, and deliverables may change without prior notice.
Any photography or videography services are governed exclusively by the written agreement executed between Visuals By Marchena and the client.
If any conflict exists between these Terms and a signed service agreement, the signed agreement shall control.
Client Galleries
Client galleries are hosted through Pixieset.
Gallery availability, expiration dates, download permissions, print ordering, and sharing capabilities are subject to the settings established for each individual gallery.
Clients are responsible for maintaining the confidentiality of any password-protected galleries.
Accuracy of Information
While we strive to keep all information accurate and current, we do not guarantee that every description, image, pricing reference, availability, or other content on this website is complete, current, or free of errors.
We reserve the right to modify website content at any time without prior notice.
Third-Party Services
This website may contain links to third-party websites or integrate services provided by third parties, including payment processors, social media platforms, and gallery providers.
Visuals By Marchena is not responsible for the availability, content, security, or privacy practices of third-party websites or services.
Your use of those services is governed by their respective terms and policies.
Disclaimer
This website and all content provided through it are made available on an "as is" and "as available" basis.
To the fullest extent permitted by law, Visuals By Marchena disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not guarantee uninterrupted access to the website or that the website will be free from errors, viruses, or other harmful components.
Limitation of Liability
To the maximum extent permitted by applicable law, Visuals By Marchena shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your use of this website.
This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, or otherwise.
Indemnification
You agree to defend, indemnify, and hold harmless Visuals By Marchena, its owner, employees, contractors, and affiliates from any claims, liabilities, damages, losses, expenses, or legal fees arising out of your use of this website or your violation of these Terms.
Privacy
Your use of this website is also governed by our Privacy Policy, which explains how personal information is collected, used, stored, and protected.
Accessibility
Visuals By Marchena is committed to making this website accessible to as many users as reasonably possible. We continually work to improve usability and accessibility across our website.
If you encounter accessibility barriers, please contact us so we can work toward an appropriate solution.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
Any legal action relating to these Terms shall be brought in the appropriate state or federal courts located within Colorado.
Changes to These Terms
Visuals By Marchena reserves the right to update or modify these Terms at any time.
Changes become effective immediately upon publication on this website. Continued use of the website after changes are posted constitutes acceptance of the revised Terms.
Contact Information
If you have questions regarding these Terms of Service, please contact:
Visuals By Marchena
Colorado Springs, Colorado, USA
Email: visualsbymarchena@gmail.com
Website: www.visualsbymarchena.com