Terms & Conditions

Effective Date: May 22, 2026

These Terms and Conditions ("Terms") govern your access to and use of the website photographybytracyellington.com (the "Site") and any digital products or services offered by Photography by Tracy Ellington ("we," "us," or "our"). By accessing the Site or purchasing any product, you agree to be bound by these Terms. If you do not agree, please do not use the Site or make a purchase.

About This Business

Photography by Tracy Ellington is a sole proprietorship offering professional photography services and digital image products, including but not limited to digital downloads, prints, and licensed photographic works.

Eligibility

By using this Site or purchasing from us, you confirm that:

• You are at least 18 years of age, or have parental/guardian consent.
• You have the legal authority to enter into this agreement.
• All information you provide is accurate and truthful.

Digital Download Sales

Nature of Digital Products

All digital products sold on this Site are delivered electronically. Upon completion of a successful purchase, you will receive access to download your file(s) via a secure link provided to the email address on file. Downloads are typically available immediately or within 24 hours of payment confirmation.

Download Access

Download links are valid for a limited time after purchase (typically 30 days) and may have a limited number of download attempts.

• You are responsible for saving your files in a secure location. We cannot guarantee re-download availability after the access period expires.
• If you experience a technical issue preventing download, contact us within 7 days of purchase for assistance.

File Formats & Compatibility

Digital files are delivered in the format specified at the time of purchase (e.g., JPEG, PNG, PDF). It is your responsibility to ensure your device and software are compatible with the file format prior to purchase. We do not guarantee compatibility with all devices, operating systems, or software applications.

No Refund Policy

Due to the digital and instantly accessible nature of our products, ALL SALES ARE FINAL. We do not offer refunds, exchanges, or credits on digital downloads once the purchase is completed and the download link has been issued, regardless of whether the file has been downloaded.

Exceptions may be considered solely at our discretion in the following limited circumstances:

• The file delivered is corrupted, unreadable, or materially different from what was described, and we are unable to provide a working replacement within a reasonable timeframe.
• A duplicate charge occurred due to a technical error.

To request an exception, contact us at PhotosbyTracyEllington@gmail.com within 7 days of purchase with your order number and a detailed description of the issue. We reserve the right to deny any refund request that does not meet the above criteria.

Please review all product descriptions, sample images, and licensing terms carefully before purchasing. If you have questions, contact us prior to completing your order.

Chargebacks

Filing a chargeback or payment dispute with your bank or credit card company for a digital download that has been delivered constitutes a violation of these Terms. We reserve the right to dispute any such chargeback and provide evidence of delivery to the relevant financial institution.

Accounts associated with fraudulent chargebacks may be permanently banned from making future purchases.

Pricing & Payment

• All prices are listed in U.S. dollars (USD) unless otherwise stated.
• We accept payment through the methods displayed at checkout. Payment is processed at the time of purchase.
• We reserve the right to change pricing at any time without prior notice. Price changes will not apply to already-completed purchases.
• Applicable taxes may be added at checkout depending on your jurisdiction.

Intellectual Property

All photographs, images, text, graphics, logos, and digital content on this Site are the exclusive intellectual property of Tracy Ellington and are protected under United States and international copyright law.

Unauthorized reproduction, distribution, public display, or creation of derivative works is strictly prohibited and may result in civil and/or criminal liability.

Purchasing a digital product does not transfer ownership or copyright of the image to the buyer. All rights not expressly granted in the applicable Licensing Terms remain the sole property of Tracy Ellington.

Prohibited Uses

You agree not to:

• Reproduce, redistribute, sell, sublicense, or transfer any digital product to a third party without explicit written permission.
• Remove, alter, or obscure any watermark, copyright notice, or metadata embedded in or associated with any file.
• Use any image in a defamatory, obscene, misleading, or illegal manner.
• Use any image in a way that implies endorsement by Tracy Ellington without prior written consent.
• Attempt to reverse engineer, scrape, or extract source files from any delivered product.
• Use automated tools to access, download, or interact with the Site.

Disclaimer of Warranties

This Site and all products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, Photography by Tracy Ellington shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Site or purchase of any product, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim shall not exceed the amount you paid for the specific product giving rise to the claim.

User-Submitted Content

If you submit testimonials, reviews, or other content to this Site, you grant us a non-exclusive, royalty-free, perpetual license to use, display, and reproduce that content in connection with our business, including promotional materials, without compensation to you.

Third-Party Links

The Site may contain links to third-party websites for your convenience. We do not control and are not responsible for the content, privacy practices, or terms of any third-party site. Accessing third-party links is at your own risk.

Modifications to Terms

We reserve the right to update or modify these Terms at any time. The most current version will always be posted on this Site with an updated effective date.

Your continued use of the Site or purchase of products following any changes constitutes your acceptance of the revised Terms.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.

Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in [Your County, State], in accordance with the American Arbitration Association’s rules.

Contact Information

For questions, concerns, or support related to these Terms, please contact:

Photography by Tracy Ellington
Website: photographybytracyellington.com
Email: PhotosbyTracyEllington@gmail.com