Terms of Service Privacy Policy

Terms of Service

Last Revised, Posted, and Effective: August 29, 2025

OPAL HOUR TERMS OF USE

By visiting our website or otherwise making use of the resources provided at this website, you acknowledge and agree to be bound by these Terms of Use and any other terms or policies referenced or incorporated herein.

These Terms of Use (“Terms of Use”) constitute an agreement between you and Opal Hour LLC, a Utah limited liability company (“OH,” “we,” “us,” “our,” or “our company”). These Terms of Use govern your: (I) use of the OpalHourPhoto.com website, including without limitation pages hosted by any of our third party vendors (collectively, the “Website”); and (II) access to and use or receipt of all other OH products and services linking to or otherwise offered through the Website, including without limitation photo albums, photo prints, paintings, painted portraits, and photography services (collectively, the “Provisions”). These Terms of Use refer to the Website and the Provisions collectively as OH’s “Offerings.”

A. Disclaimers, No Warranty or Guarantee, Limitation of OH Liability

  1. Disclaimers/No Warranty or Guarantee: NEITHER ANY AUTHOR OR PUBLISHER OF THE OFFERINGS REPRESENTS THAT ANY OF THE OFFERINGS WILL MEET YOUR SPECIFIC GOALS. THE OFFERINGS ARE PROVIDED “AS IS” AND ARE NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. OH PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

  2. Limitation of OH Liability: OH’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR RECEIPT OF ANY OF OH’S OFFERINGS WILL NOT EXCEED THE FEES YOU PAID FOR IT OR, IF NONE, $500 U.S. DOLLARS. IN NO EVENT WILL OH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR LOST BUSINESS RESULTING FROM SUCH USE. THE LIABILITIES LIMITED BY THIS SECTION A.2 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF OH IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits application of this Section A.2, OH’s liability will be limited to the maximum extent permissible by law. For the avoidance of doubt, OH’s liability limits and other rights set forth in this Section A.2 apply likewise to OH’s owners, photographers, artists, other staff, principals, employees, agents, officers, insurers, and other representatives.

B. Intellectual Property Rights & Use Restrictions

You recognize and agree that all content at the Website and in other Offerings, including without limitation photo albums, photo prints, paintings, painted portraits, and other Provisions is protected by copyright law, and that OH is the sole owner of the copyrights and any other intellectual property rights to such Offerings. You agree not to use the Website or other Offerings, including the Provisions, except in compliance with this Section B.

  1. Provisions: You receive no right, title, or interest in or to the Provisions. For the avoidance of doubt, and without limiting the generality of the foregoing, you may not create derivative works from the Provisions, nor sell or resell the Provisions.

  2. “Visitor/Customer Content” & “Feedback”: You hereby grant OH a perpetual, irrevocable, worldwide license to reproduce, distribute, modify, publicly perform, publicly display, and otherwise use and exploit any content you provide to OH through the Website or other Offering, including without limitation any recording of your image or voice (collectively, “Visitor/Customer Content”). You recognize and agree that SUCH VISITOR/CUSTOMER CONTENT IS NOT ANONYMOUS, AND YOU WAIVE ANY RIGHT OF PUBLICITY OR RIGHT OF PRIVACY YOU MAY HAVE IN VISITOR/CUSTOMER CONTENT. If you provide any suggestion or idea for improving or otherwise modifying OH’s products or services (“Feedback”), you agree that OH has an unrestricted right to use, profit from, disclose, publish, keep secret, or otherwise exploit that Feedback without compensating or crediting you.

  3. Competitive Offerings: You agree not to access or use any Offering for the purpose of developing a product or service similar to or competitive with any OH product or service.

C. Pricing, Discounts, Refund Policy

  1. Pricing, Discounts: Where, in its discretion, OH offers discounts for a Provision, only one discount may be applied per transaction. OH may modify or discontinue a discount at any time, without notice. No discount shall have retroactive effect.

  2. Refund Policy: All sales are final and this Refund Policy overrides any policy of any of OH’s third party vendors.

D. Miscellaneous

  1. Sanction Compliance: No person may make use of OH’s Offerings, who is, or is employed by an entity that is, subject to sanctions and/or boycotts by the United States, or otherwise publicly boycotted by OH. By purchasing any of OH’s Provisions, you affirm you are not subject to any then-applicable sanction and/or boycott.

  2. Force Majeure: No delay, failure, or default by OH will constitute a breach to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of “God” or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, technical or other access failures or suspensions or terminations by contractors (for example, third party hosts/platforms) (including without limitation electrical or internet disruptions), or other causes beyond OH’s reasonable control. Nor shall temporary technical access lapses be deemed a breach by OH, regardless of cause.

  3. Notices: Notices pursuant to these Terms of Use shall be sent to OH’s email address only, as set forth on OH’s Contact page, and will be deemed received upon actual receipt by OH.

  4. California Codes: You are on notice of and agree to the following: (a) if your relationship with OH is subject to California Business & Professions Code Section 17538, you should see our company information on OH’s Contact page, you may request that OH’s company name and address (which is as set forth there) be emailed to you by reaching out to OH’s email address, as set forth on OH’s Contact page, and you are subject to OH’s Refund Policy; and (b) if your relationship with OH is subject to California’s Electronic Commerce Act of 1984 (California Civ. Code Section 1789), complaints or requests for further information may be directed to OH via the contact information on OH’s Contact page, and you may contact the Consumer Information Center of California’s Department of Consumer Affairs at www.dca.ca.gov, (800) 952-5210, or 1625 North Market Boulevard, Ste. N112, Sacramento, CA, 95834. Nothing in these Terms of Use constitutes a statement or acknowledgement by OH regarding when any law listed above in this Section D.4 applies to your relationship with OH.

E. Construction and Amendment

  1. Choice of Law & Jurisdiction: Any disputes related to these Terms of Use, the Website, the Provisions, or another Offering will be governed solely by the internal laws of the State of Utah, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Salt Lake County, Utah.

  2. Amendment: OH MAY AMEND THESE TERMS OF USE AT ANY TIME BY POSTING A NEW VERSION ON THIS PAGE OR ON A SUCCESSOR PAGE, subject to the next sentence. You agree that your use or receipt of any Offering following amendment of these Terms of Use constitutes your agreement to the amended Terms of Use.

  3. No POs: No terms in purchase orders or other purchasing documents, and no terms not executed by OH’s authorized representative in writing, amend these Terms of Use or otherwise bind OH.

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