TERMS & CONDITIONS


Effective Date / Last Updated: May 5, 2026

These Terms & Conditions ("Terms") govern your access to and use of the website www.rustyhamilton.com (the "Site") and the purchase of products from Rusty Hamilton Photography ("we," "us," or "our"). By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Our Products and Services

We offer custom photo prints and related products created from our original photography. All items are made-to-order through our fulfillment partner, Printique. Because each product is produced specifically for you, availability, production times, and final appearance (including minor color variations due to monitors and printing processes) may vary.

2. Intellectual Property

All photographs, images, designs, text, graphics, and other content on the Site are owned by Rusty Hamilton Photography or our licensors and are protected by United States copyright and other intellectual property laws.

When you purchase a physical product, you receive a limited, non-exclusive, non-transferable license to use the printed item for personal, non-commercial display purposes only. You may not:

  • Reproduce, copy, modify, distribute, publicly display, or create derivative works from our images or content

  • Resell, sublicense, or use any image for commercial purposes (including on other products, websites, or social media for promotion beyond personal use)

  • Remove any copyright notices or watermarks (if present)

All rights not expressly granted are reserved by us. Unauthorized use may violate copyright law. Any deviation from this policy is only allowed with written permission from Rusty Hamilton Photography.

3. Ordering and Purchasing

By placing an order, you represent that you are at least 18 years old and that all information you provide is accurate and complete. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, errors in pricing, or violation of these Terms.

Prices are shown in U.S. dollars and are subject to change. Taxes and shipping fees are calculated at checkout. Payment is processed securely through our payment provider; we do not store full credit card details.

4. Shipping, Cancellations, Returns & Refunds

Please refer to our separate Customer Policy, which contains our Shipping Policy, Cancellation Policy, and Returns & Refunds Policy for details on processing times, delivery estimates, cancellation windows, and our limited return policy for manufacturing defects only. These policies are incorporated into these Terms by reference.

Because products are custom-made, change-of-mind returns or refunds are generally not accepted once production has begun.

5. Prohibited Conduct

You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable laws

  • Upload or transmit any harmful code, viruses, or disruptive materials

  • Attempt to gain unauthorized access to any part of the Site

  • Harass, threaten, or impersonate others

  • Scrape, data-mine, or use automated tools to access the Site without permission

  • Use our images or content in any way that infringes our rights or misrepresents our work

6. Disclaimers

The Site and all products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses, or that product colors or details will match exactly what you see on your screen.

We are not responsible for delays, damages, or losses caused by our fulfillment partner (Printique), shipping carriers, or events beyond our reasonable control.

7. Limitation of Liability

To the fullest extent permitted by law, Rusty Hamilton Photography shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or purchase of products, even if 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.

8. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, misuse of our intellectual property, or any content you provide to us.

9. Termination

We may terminate or suspend your access to the Site or any account at any time, with or without cause, including for violation of these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Ector County, Texas.

11. Changes to These Terms

We may update these Terms from time to time. We will post the revised version on this page with a new "Last Updated" date. Your continued use of the Site after changes constitutes acceptance of the updated Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Rusty Hamilton Photography

Email: photos@rustyhamilton.com

Website: www.rustyhamilton.com