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Fine Art Images of Hawaii by Thomas Upton

Big Island Landscape Photography
Big Island Images Logo

Big Island Images Policies

  • Welcome to bigislandview.com. This website (the "Site") is comprised of various web pages and displayed images and is operated by Big Island Images LLC. Please read this agreement carefully.

    1. Terms

    By accessing bigislandview.com, you are agreeing to be bound by the terms and conditions contained in this agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

     

    2. Use Licenses

    The photographs and text found on the Site are proprietary to Big Island Images LLC. While you may examine and enjoy the Site content at will and make screenshot copies (“Copies”, this Is for temporary personal use only. This grants a temporary personal license, not a transfer of title, and under this license you may not:

     

    • modify or further copy the Copies for further distribution.

    • use the Copies for any commercial purpose, or for any public display (commercial or non-commercial).

    • remove any copyright or other proprietary notations from the Copies.

    • transfer the Copies to another person, "mirror" the Copies on any other server, or display them in any physical or electronic environment (e.g. social media) without explicit permission from Big Island Images LLC.

    • Misrepresent ownership of the Copies or other Site content in any way.

     

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by Big Island Images LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

     

    All images shown and/or sold on bigislandview.com are original photographs taken by Thomas Upton (unless otherwise noted), who retains copyright to each of them within the entity Big Island Images LLC. Purchase of a print (in any physical format offered, each referenced as a “Print”) provides a “Use License” for certain specific uses of the Print which include:

     

    • Display of the Print in a home or business environment.

    • Sale or gifting of the Print to others, which will effect a transfer of this Use License. The Use License will remain limited to these same terms.

     

    The use license will be immediately terminated, without compensation if:

     

    • The Print is modified in any way or destroyed.

    • Unauthorized reproductions of the Print are made in any format (physical or digital), regardless of whether the Print is or is not altered by the process.

    • The Print is used for commercial purposes without explicit written authorization from Big Island Images LLC.

    • Ownership of the actual image depicted in the Print is misrepresented in any way.

     

    Commercial licenses for use of physical prints or digital versions of any/all prints on bigislandview.com are available and we welcome inquiries via bigislandview@gmail.com.

     

    3. Disclaimer

    The materials on bigislandview.com are provided on an 'as is' basis. Big Island Images LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

     

    4. Limitations

    In no event shall Big Island Images LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Big Island Images LLC's website.

    5. Accuracy of materials

    The materials appearing on Big Island Images LLC Site could include technical, typographical, or photographic errors. Big Island Images LLC does not warrant that any of the materials on its website are accurate, complete or current. Big Island Images LLC may make changes to the materials contained on the Site at any time without notice. However Big Island Images LLC does not make any commitment to update the materials.

    6. Links

    Big Island Images LLC has not reviewed all the sites linked to the Site  and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Big Island Images LLC of the site. Use of any such linked website is at the user's own risk.

    7. Modifications

    Big Island Images LLC may revise these terms of service for the Site at any time without notice. By using the Site you are agreeing to be bound by the then current version of these terms of service.

    8. Governing Law

    These terms and conditions are governed by and construed in accordance with the laws of Hawaii and California, and you irrevocably submit to the exclusive jurisdiction of the courts in those States.

    Last updated: March 28, 2024

  • Your privacy is important. It is Big Island Images LLC's policy to respect your privacy regarding any information we may collect while operating this website.

    • We will not collect personal information for any purpose or task other than those (e.g. photo purchase) specifically requested by a website user.

    • We will only use the information obtained that is essential to complete a user request.

    • We will only retain personal information for as long as necessary for the fulfilment of those purposes.

    • Wherever possible, we will enable interactions with website users to be carried out on an anonymous basis. Unless it is essential to complete a user request, we will not solicit or require that users provide us with personal information or full identification.

    • Before, or at the time of collecting personal information, we will identify the purposes for which information is being collected.

    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We cannot be responsible for harm or damages of any kind that might result from a user providing inaccurate or false personal information.

    • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

    • We will make readily available to customers information about our policies and practices relating to the management of personal information.

     

    We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Big Island Images LLC may change this privacy policy from time to time at Big Island Images LLC's sole discretion.

  • Your satisfaction with a photo purchase is our highest priority, and we are committed to achieving that.
     
    Our prints and mounting are all executed by a third party professional photofinishing lab (Bay Photo, hereafter shown as BP). They receive your order and ship directly to you. So our return policy must be consistent with the BP return policy, which can be found online. While each case is different, in the few instances where I have personally received a faulty shipment, they have been quick to remake or otherwise remedy the problem. Situations where a return or replacement may be possible include:

    • The print is significantly different than what appears on bigislandview.com. Once confirmed we would resolve this problem with a remake, at no cost to you.

    • The print or mount was not correctly manufactured. We would pursue this problem with BP on your behalf and have the error corrected or the print replaced.

    • The print order is incorrectly transmitted to BP, resulting in the wrong product being created and shipped. We would have a replacement made at no cost.

    • The print is damaged in shipment due to inadequate packaging by BP. This is rare, as prints are always thoroughly packed by the lab. Most likely the shipper would need to be engaged to determine fault and appropriate remedy.
       

    Situations where a return or replacement will be difficult or impossible include:

    • The buyer simply does not like the print, once having received it.

    • The buyer made an undetected error in entering the order on bigislandview.com

    • The buyer wishes to cancel the order after having placed it. If notified in time, we would attempt to cancel the order with BP. Orders move quickly into production, so this may not be possible if the cancel request is not promptly made.

    • The print is damaged in some after receipt by the purchaser.
       

    The situations listed above are common examples, and other situations may arise. We are a small business and cannot absorb the cost of addressing all possible problems, but we recognize that our reputation rests on producing highest quality products and satisfied customers, so we will work with you in every case to try to achieve that.

  • This Cookie Policy explains how we uses cookies to recognize you when you visit our website at  www.bigislandview.com  ("Website"). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information. 

    What are cookies?

    Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Cookies set by the website owner (in this case, Big Island Images LLC) are called "first-party cookies." Currently, there are no first-party cookies set by this website. Cookies set by parties other than the website owner are called "third-party cookies." Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g., advertising, interactive content, and analytics). Most third-party cookies on this website have been set by the website hosting company wix.com in order to facilitate operation of this website. The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

    Why do we use cookies?

    We use first- and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Website to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Website for advertising, analytics, and other purposes. This is described in more detail below.

    How can I control cookies?

    You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services. The Cookie Consent Manager can be found in the notification banner on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies.
     
    The specific types of first- and third-party cookies served through our Website and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific pages you visit). Note that many expire at the completion of your session on this website, and most expire within 24 hours.

    Essential website cookies:

    These cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas.

    Name:  hs
    Purpose:  Used for security reasons
    Provider:  .www.bigislandview.com
    Service:  Wix View Service Privacy Policy
    Type:  server cookie
    Expires in:  Session

    Name:  svSession
    Purpose: Used in connection with user login (user login not currently implemented)
    Provider: .www.bigislandview.com
    Service: Wix View Service Privacy Policy
    Type: server cookie
    Expires in: 1 year 11 months 29 days

    Name: JSESSIONID
    Purpose: Used to maintain an anonymous user session by the server in Java™ 2 Platform Enterprise Edition web applications. It is a necessary cookie that expires at the end of a session.
    Provider: .nr-data.net
    Service: JavaServer Pages Technologies View Service Privacy Policy
    Type: server cookie
    Expires in: session

    Performance and functionality cookies: 

    These cookies are used to enhance the performance and functionality of our Website but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.

    Name: XSRF-TOKEN
    Purpose: This cookie is written to help with site security in preventing Cross-Site Request Forgery attacks.
    Provider: .panorama.wixapps.net
    Service: Advertiser's website domain View Service Privacy Policy
    Type: server cookie
    Expires in: Session

    Name: XSRF-TOKEN
    Purpose: This cookie is written to help with site security in preventing Cross-Site Request Forgery attacks.
    Provider: .www.bigislandview.com
    Service: Advertiser's website domain View Service Privacy Policy
    Type: server_cookie
    Expires in: Session

    Name: XSRF-TOKEN
    Purpose: This cookie is written to help with site security in preventing Cross-Site Request Forgery attacks.
    Provider: .wix.com
    Service: Advertiser's website domain View Service Privacy Policy
    Type: server_cookie
    Expires in: Session

    Name: XSRF-TOKEN
    Purpose: This cookie is written to help with site security in preventing Cross-Site Request Forgery attacks.
    Provider: .ecom.wixapps.net
    Service: Advertiser's website domain View Service Privacy Policy
    Type: server cookie
    Expires in: Session

    Name: fedops.logger.sessionId
    Purpose: Used for stability/effectiveness measurement
    Provider: www.bigislandview.com
    Service: Wix View Service Privacy Policy
    Type: html_local_storage
    Expires in: persistent

    Analytics and customization cookies:

    These cookies collect information that is used either in aggregate form to help us understand how our Website is being used or how effective our marketing campaigns are, or to help us customize our Website for you.

    Name: _gid
    Purpose: Keeps an entry of unique ID which is then used to come up with statistical data on website usage by visitors. It is a HTTP cookie type and expires after a browsing session.
    Provider: .powr.io
    Service: Google Analytics View Service Privacy Policy
    Type: http_cookie
    Expires in: 1 day

    Name: _ga
    Purpose: Records a particular ID used to come up with data about website usage by the user
    Provider: .powr.io
    Service: Google Analytics View Service Privacy Policy
    Type: http_cookie
    Expires in: 1 year 1 month 4 days

    Name: 4474f5c124
    Provider: bam.nr-data.net
    Type: pixel_tracker
    Expires in: session

    Unclassified cookies:

    These are cookies that have not yet been categorized, and are not served by Big Island Images LLC

    Name: _wixAB3|015c2015-cb71-4aab-a813-8e957bca9ce5
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours
    Name: _wixAB3
    Provider: .wix.com
    Type: server_cookie
    Expires in: 5 months 27 days

    Name: _wixAB3|6d333ca0-923c-46fa-8fe4-8b5af3cf4995
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours
    Name: ssr-caching
    Provider: www.bigislandview.com
    Type: server_cookie
    Expires in: less than 1 minute

    Name: wix_premium_user
    Provider: www.powr.io
    Type: http_cookie
    Expires in: session

    Name: _wixAB3|782f7be6-e83f-404c-a038-17803d0e0f0d
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: _wixAB3|5ebc70e2-897e-48bd-b608-137ee8934cf5
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: ahoy_visitor
    Provider: www.powr.io
    Type: http_cookie
    Expires in: 1 year 1 month 4 days

    Name: _wixAB3|295c65ca-51f4-43bb-a96f-cd0c75ea4a74
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: _wixAB3|abb3a5ca-f560-465c-8b9f-66915ba74e28
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: debug
    Provider: www.bigislandview.com
    Type: html_local_storage
    Expires in: persistent

    Name: unique_id
    Provider: www.powr.io
    Type: server_cookie
    Expires in: Session

    Name: _wixAB3|cc53e707-22bc-4a81-85ca-058be1dc4c4a
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: _wixAB3|39b70b67-1af5-4a79-b340-4c54a592ebbc
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: src
    Provider: www.powr.io
    Type: server_cookie
    Expires in: 30 days

    Name: ahoy_unique_36262539
    Provider: www.powr.io
    Type: http_cookie
    Expires in: 12 hours

    Name: platform_app_1380b703-ce81-ff05-f115-39571d94dfcd_705d9812-7163-4b4d-abb9-a29052add0f8
    Provider: www.bigislandview.com
    Type: html_local_storage
    Expires in: Persistent

    Name: _wixAB3|2c63d02b-e8de-43d1-a9e3-53e0babaecbc
    Provider: .wix.com
    Type: server_cookie
    Expires in: 4 hours

    Name: POWR_PRODUCTION
    Provider: .powr.io
    Type: server_cookie
    Expires in: Session

    Name: ahoy_visit
    Provider: www.powr.io
    Type: http_cookie
    Expires in: 12 hours

    How can I control cookies on my browser?

    As the means by which you can refuse cookies through your web browser controls vary from browser to browser, you should visit your browser's help menu for more information. The following is information about how to manage cookies on the most popular browsers.

    Last updated: April 08, 2024

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