Terms of Sale
Color Matching
You acknowledge and understand that colors as seen on mobile devices and computer monitors may not look the same as they appear on our manufactured product. No guarantee is made that the colors on the final product will be an exact match to the colors a computer monitor displays.
Personal Data
All information submitted by you in connection with any order is governed by our Privacy Policy.
Ordering
You are responsible for supplying all required information when placing an order, including your full name, shipping and billing address (no P.O. Boxes), telephone number, valid e-mail address, and valid payment method. Mario Basner Photography LLC does not assume responsibility for mis-delivery due to incorrect or incomplete information supplied by a customer. Mario Basner Photography LLC reserves the right to refuse or cancel any order at any time, in which case the customer's sole remedy is a refund of any payment(s) made for such order.
Sales Tax
Applicable sales tax will be added to all orders submitted from the state of Nevada. For orders submitted from other States, Sales and Use Tax should be paid by the customer, where required by law.
International Duties and Taxes
International orders are typically shipped via DHL. International customers are responsible for all international fees, duties, customs, taxes and charges following the purchase of the artwork. Customs does not usually allow a large window of time to process shipments and it is the customer's responsibility to complete the required procedures in a timely manner. Otherwise, the artwork will either be returned to us or become property of the government. If they are returned, there will be additional shipping and re-crating fees to have the artwork shipped to you a second time.
In most cases you may use DHL as your customs broker. DHL will contact you to complete a Power of Attorney form to process and clear your package through customs procedures. Once cleared, DHL will have the package released and delivered to your destination address. Please contact DHL customer service for your country if you have additional questions.
In some instances you might need to hire a local customs broker who will provide you with information and a requirements list to clear the shipment and complete delivery.
Customs regulations and certain documentation requirements for some countries may result in longer shipping times. We may decline to ship to certain destinations, such as countries subject to embargoes, sanctions, war, disturbances, local regulations or other restrictions.
Due to Russian customs regulations, we are unable to ship to residential addresses within Russia. Shipments must be imported through a business and sent to a business address only.
Return Policy and Order Changes
Mario Basner Limited Edition fine art pieces are custom produced orders and as such, we are unable to offer returns or exchanges. It is not possible to change your order once it has been placed, except for the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, please contact the Mario Basner Photography LLC customer service via email at info@mariobasner.com.
Payment
Full Payment for any order is due at the time the order is placed. You may pay for your order by bank wire, check or credit card or such other means as we may in future choose to accept. In the event of a stopped payment, disapproved charge or any other failure to submit payment, Mario Basner Photography LLC shall have the right to cancel the order or, if already shipped, to seek payment and hold customer responsible for any and all costs of collection, including but not limited to reasonable attorneys' fees, as well as to charge interest at the rate of 1.5% per month (or the highest allowable rate by law if less than 1.5% per month) until payment is made.
Delivery and Claims
Delivery time depends on the shipping destination. Please allow at least 4-6 weeks for your art production plus the shipping time by the carrier. All artwork is crated professionally and shipped fully insured. Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
Our crating has been designed to help minimize the potential for damage but what happens during transit is out of our control. You should not accept a damaged package without inspecting the contents. If your print arrives damaged or broken, please CONTACT US IMMEDIATELY by emailing us at info@mariobasner.com to initiate a shipping insurance claim! Replacement requests MUST be received within 48 hours of delivery and must include a copy of the shipping receipt and photographic proof of the damage which MUST include PHOTOS OF THE OUTSIDE DAMAGE TO THE CRATE AND INSIDE PHOTOS OF THE CRATE SHOWING BOTH - THE DAMAGED ARTWORK AND THE DAMAGED AREA OF THE CRATE THAT CAUSED THE DAMAGE. The photos will be reviewed by us and the carrier in order to determine whether damage in fact occurred during shipping and an insurance claim has validity. If your request is approved by the carrier, we will not charge you for the replacement or the cost of shipping the new artwork to you.
Exclusion from Returns
If your use of our site or services has been terminated for violation of these Terms of Sale or our Terms of Use, we may refuse to accept any returns from you.
General
All orders and transactions also are subject to the mariobasner.com / Mario Basner Photography LLC Terms and Conditions, including, but not limited to, the limitations on damages and exclusions of warranties set forth therein. The Terms and Conditions also include provisions for arbitration of disputes and other important terms you should review. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. No responsibility is assumed for any errors in listed prices or other information, all of which we reserve the right to correct. Orders are not final or binding until accepted by us. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of any promotional code or other similar promotions and to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Mario Basner Photography LLC is not responsible for any delay or failure in delivery due to causes beyond its control, including, but not limited to, acts of god, war, terrorism, embargo, quarantine, accidents, fire, explosion, flood, severe weather, epidemic, riots, civil disturbance, unavailability of labor or transportation or any other similar or dissimilar cause. You are responsible for the proper and safe handling of any artwork or other products you order from us. To the extent allowed by law, Mario Basner Photography LLC's liability for any claim relating to any product purchased from us is the amount you paid for the product.
Copyrights
All images and content within this website are the property and copyright of Mario Basner Photography LLC. Images may not be in any way reproduced, copied, printed or scanned. No images are permitted to be used without expressed prior permission via written consent from Mario Basner Photography LLC.
The use of any images or other materials included herein, in whole or in part, for any purpose other than the private purpose of viewing them online, including, but not limited to, copying, reproduction, publication (including on Internet Web Site including third party web pages by any means, including "hotlinking", storage in a retrieval system (other than internet browser), manipulation (digital or otherwise), or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, is expressly prohibited without the written permission of Mario Basner Photography LLC.
Terms and Conditions
Mario Basner Photography, LLC, (also "Mario Basner Photography", "we", "us" or "our") welcomes you to mariobasner.com. We enable you to view and purchase original works of art through our website at www.mariobasner.com, together with any services, software, tools, features or functionality made available by Mario Basner Photography, LLC (collectively, our "Sites and Apps"). Please read the following terms and conditions ("Terms") carefully. They govern your use of and access to our Sites and Apps. By visiting any of our Sites and Apps, you agree to these Terms and our Privacy Policy. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms and our Terms of Sale. We may also occasionally offer the opportunity to participate in sweepstakes, contests, or other similar promotions, each of which will have additional terms you must accept in order to participate. We reserve the right to modify or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND A WAIVER OF CLASS ACTION AS SET FORTH IN THE "ARBITRATION AGREEMENT" BELOW. THESE PROVISIONS AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES. THESE PROVISIONS MEAN THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH IN THE ARBITRATION AGREEMENT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY REGARDLESS OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING OUR SITES AND APPS OR BY PURCHASING A WORK ON OR THROUGH OUR SITES AND APPS, YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE REGISTERED WITH MARIOBASNER.COM. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES AT MARIOBASNER.COM.
Accessing Our Sites and Apps
Access to and use of our Sites and Apps shall be solely for your personal, noncommercial use. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps. While using any of our Sites and Apps, you agree not to:
- Except as otherwise expressly permitted by us, upload to, display, post or publish on, or submit or transmit through, any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, (b) any material that infringes any intellectual property or other rights of any party; (c) any confidential, proprietary or trade secret information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
- Violate any applicable laws or regulations.
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity.
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information.
- Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of: hacking or defacing any portion our Sites and Apps; using mechanisms, software or other scripts capable of disrupting the function of the Sites and Apps; imposing any unreasonable or excessive burden on our Sites and Apps infrastructure; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of our Sites and Apps.
- Engage in spamming.
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items.
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.
You have the option to create an account to assist you in placing orders. If you do choose to create an account, please keep your username and password confidential; you are responsible for any access to your account using your username and password. We reserve the right to cancel or reject any account or any order at any time in our discretion.
Copyright Protection
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to info@mariobasner.com.
Jurisdiction
Our Sites and Apps are controlled and operated from the State of Nevada in the United States. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the State of Nevada in the United States. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access mariobasner.com do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. If you order a product from us for shipment outside the United States, you are solely responsible for the cost of shipment and for compliance with all applicable laws, regulations, duties, tariffs or other costs or responsibilities for receipt of the product in such other country.
Sites, Software and Services Operated by Third Parties
Our Sites and Apps may direct you or link to sites, software or services owned or operated by third parties. We do not endorse or approve any such sites or services, and we have no responsibility for them. You are responsible for any business you choose to conduct with any other party. We encourage you to read the terms of service, privacy policy, and any other similar documents relating to any third-party site or service.
Other sites may provide links to our Sites and Apps with or without our authorization. We do not endorse such sites and are not and will not be responsible or liable for any links from those sites to our Sites and Apps, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.
Revisions and Updates
We may revise these Terms from time to time, as well as our Terms of Sale or Privacy Policy. We will notify you of revisions to these Terms by posting the revised terms on the mariobasner.com website at least thirty (30) days before the effective date of the changes. If you do not agree to the new Terms, you should stop using our Sites and Apps. Otherwise, the new terms will take effect after thirty (30) days. Continued use after revisions take effect constitutes acceptance of the revisions.
Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OR OUR TERMS OF SALE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE THAT OUR SITE OR APPS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT THEY WILL OPERATE WITHOUT ERRORS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "MARIOBASNER.COM PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE MARIOBASNER.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MARIOBASNER.COM PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE MARIOBASNER.COM PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE MARIOBASNER.COM PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFOR BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Notice for our California Users
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Intellectual Property Notices
Our Sites and Apps are ©2021 Mario Basner Photography. All rights reserved. All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Arbitration Agreement
Initial Dispute Resolution
We are available by email at info@mariobasner.com to address any concerns you may have regarding our products or services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Binding Arbitration Agreement
IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES' RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF OUR SITES AND APPS SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA"), EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR'S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE PARTIES HEREBY REJECT, WAIVE AND DISCLAIM THE APPLICATION OF ANY STATE ARBITRATION ACT.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-(800)778-7879. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION. THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS OF ARBITRATION, INCLUDING FILING FEES AND ARBITRATOR FEES. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CASES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception for Small Claims Court Actions
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30 Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Mario Basner Photography LLC, 400 S Rampart Blvd., Suite 150, Las Vegas, Nevada 89145. The notice must be sent within thirty (30) days of your first use of the Sites and Apps, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Mario Basner Photography, LLC also shall not be bound by them.
Miscellaneous
These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. For any disputes not resolved by the arbitration provisions set forth in the arbitration agreement above, you agree to submit to the exclusive jurisdiction of any State or Federal court located in Clark County, Nevada, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms, and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicense able by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact us at info@mariobasner.com.