Terms & Conditions of Use - Lightscape creations

Terms & Conditions of Use

These Terms and Conditions govern the Lightscape Creations website and its contents as well as any statement, understanding or agreement between you and Lightscape Creations. They have been drawn to include relevant parts of Smugmug own Terms and Conditions of Use.

By using this website and/ or by purchasing any of the products and /or services, you agree that you have read and understood the T&Cs and that you are bound by the following as it stands at the time of your use.

The T&Cs may be modified or supplemented at any time to ensure it is up-to-date. Therefore, it is recommended that you check it from time to time and keep track of the last update date which will tell you whether there has been changes or not since your last visit. The date of the last update is displayed below.

If after reading the information included in this page you still have any questions about Lightscape Creations Terms & Conditions, please contact Isabelle McInally.

* In case of conflict with Smugmug’s Own Terms and Conditions of Use

Parts of Smugmug’s own Terms and Conditions of Use relevant to you have been translated here for your convenience and are deemed as accurate as possibly can be at the time of writing. However, in case of any conflict with Smugmug’s own regulations concerning the Website Shell and the e-commerce platform (Terms of Sale) and the services provided by them, or in case of an error, then Smugmug’s own Terms and Conditions of Use will prevail assuming it is not in conflict with applicable laws. The same applies to Mr Site’s own Terms and Conditions of Use.

If any part of this Terms and Conditions of Use is found to be invalid or unenforceable or conflicting, the remaining content for the Terms and Conditions of Use will remain in full force and effect and the offending provision will be replaced with a valid provision.

* In case Smugmug’s Terms and Conditions of Use conflict with the applicable law

For purposes of any action or claim against Smugmug, the laws of the State of California, the USA and application International Laws apply. By starting a dispute, you agree that what applies will be decided by Smugmug.

However, accessing or using the website from the European Union might default disputes against Smugmug to be defaulted to English or Scottish law, under which Lightscape Creations fall.

Should a court deem any part of the Terms and Conditions of Use to be unenforceable, the provisions concerned will be limited to the minimum extent necessary or eradicated so as to not affect the full force and effect of their Terms and Conditions of Use.


It Was Last Updated On:   26th May 2018

Author: Isabelle McInally

1 Who Are We?

Lightscape Creations is a home-based photography business specialising since 2018 in Nature Fine Art and Scottish Landscapes Blank Walls Solutions and Focal Points, for the home and the business, with a strong focus on the Tourism and Rental Industry.

Since its creation in 2006, Lightscape Creations has offered Commercial and Events Photography services. These services have now been reduced to specialisations, such as outdoor product photography (lingerie, food, flowers, fashion, jewellery and memorabilia), building exteriors and interiors (hotels, guest houses, chalet rentals, holiday rentals, property sales and businesses) and outdoor Events and outdoor Wedding Photography.

We also accept Commission Work and provide Photography Consultancy & Training.

Lightscape Creations was created and is run by myself, Isabelle McInally. I am the photographer and creative artist behind all the services and products.

Trading from Scotland, Lightscape Creations’ registration number is 2288921.

Registered address: Kynballoch Cottage Studio, Bonnington Road, Lower Drimmie, Blairgowrie PH10 7JB, Perthshire, Scotland, UK.

Email: isabellemcinally@lightscapecreations.com

Text: 07786 233 195

2 The Lightscape Creations Website

2.1 Who Hosts It?

The Lightscape Creations website is provided and powered by Smugmug and associated partner services. It is an online e-commerce platform subscription service which enables Lightscape Creations to organise, present and sell their work.

2.2 Website Shell Intellectual Property Rights

The Website Shell, i.e. the software and other intellectual properties that are at the base of the e-commerce service, such as text, graphics, Smugmug or partners logos, icons, any images, audio or video clips, digital downloads, data compilations, software and so on, which are combined to form the selling platform licensed to the Photographer are the property, copyright of and is licensed by Smugmug, its licensors or suppliers. They are protected by International and the United States Laws on intellectual properties.

You are not allowed to exploit such contents in anyway, including copying, reprinting, republishing, modifying or distributing any such content in whole or in part without the express written permission from Smugmug.

2.3 Website Photographs And Other Content

The photographs and other content, such as videos, biographies, business information, business logo and so on, that are added to the Website Shell while in subscription are the property and license of Isabelle McInally, unless otherwise specified. They are protected by International and British Laws on intellectual properties.

Smugmug does not accept liability for photographs and other content uploaded and displayed on the Lightscape Creations Website, which fall under Isabelle McInally’s copyright and responsibility.

2.4 Issue With A Photographs Or A Piece Of Content?

Great care is taken by Isabelle McInally to provide original content that is not offending, harmful, misleading, encourage criminal activities, unlawful, defamatory, obscene, pornographic, sexually suggestive, hateful, harassing, threatening, invasive, abusive, inflammatory, fraudulent or breaching the law in any way and to display photographs with appropriate consent where needed.

Should you disagree, please inform Isabelle McInally immediately giving details and proof of the issue(s) you are raising, your name and your email address. A review will be processed within 7 days and appropriate action taken, where necessary, limited to the removal of the material in question.

Where a dispute is entered into, Lightscape Creations will involve Smugmug who, themselves, are very serious about copyright infringements. They abide strictly to the Digital Millennium Copyright Act 1998 (DCMA) and have their own Copyright Policy within their Terms and Conditions of Use.

2.5 Your Rights In Relation To The Use of The Website and The Purchased Of Products

You can view, purchase, frame and display or gift the products sold on this website in the understanding that they cannot be reproduced by any method, scanned in any way, displayed in any other locations than homes or business premises, transmitted by any means, distributed, modified or altered or otherwise exploited in any manner without the prior written consent of Isabelle McInally.

If a modified license agreement is entered into by you and Isabelle McInally, it must be done in writing and you must agree to be bound by the new terms as well as the British and International Intellectual Property Laws and these Terms and Conditions Of Use.

Smugmug does not bear any responsibility over these License Agreements which are entered between You and Isabelle McInally.

2.6 Service Availability

Smugmug’s systems, servers and equipment may, from time to time, be inoperative or only partly operative as a consequence of a mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.

Lightscape Creations understands that this rare circumstance is outwith Smugmug’s control (breakdown and connectivity issues) or necessary (maintenance and upgrades) and ask you to show the same understanding, should this happen when you try to access Lightscape Creations website. With many thanks!

3 The Lightscape Creations Email

3.1 Who Hosts It?

The Lightscape Creations email is provided and powered by MrSite and associated partner services. MrSite is a British business providing website building tools, hosting and e-commerce, including email services, based in Slough, West of London and are part of Paragon Internet Group Limited.

3.2 Service Availability

MrSite’s systems, servers and equipment may, from time to time, be inoperative or only partly operative as a consequence of a mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.

Lightscape Creations understands that this rare circumstance is outwith MrSite’s control (breakdown and connectivity issues) or necessary (maintenance and upgrades) and ask you, the user, to show the same understanding, should this happen when you try to access Lightscape Creations website. Please contact me again two days later, just in case your email was not delivered as a result of the issues. With many thanks!

4 Products, Bespoke Products And Services

4.1 Available Products

A selection of products and sizes is available for ordering online, straight from the galleries, either as individual products or as packages.

Traditional framing, other products and sizes and services are available off-line as bespoke products.

If you do not see the size or product you are looking for or if you would like something bespoke, please contact Lightscape Creations with details of your request.

4.2 Signed Prints

My largest online prints, 30" x 20" (75cm x 50cm) and 30" x 15" (75cm x 37.5cm), are signed "Isabelle McInally", the artist. It is an integral part of the creative process which declares the piece of art to be officially finished and ready to be exhibited in public. No work of art is complete without one and I like to look at my work as work of art, having spend a considerable amount of time to capture and finish each print. It also turns the prints into a collectable item which, I hope, will gain value over time.

My artist signature is added to your prints at the time of printing and will appear on your order as the "printmark", which is made visible to you when you enlarge a product in the shopping cart.

The other sizes only bear the traditional location, name of artist and a business reference.

4.3 Digital Downloads

Digital downloads of my art work are not available.

All events, product, building and wedding photographs are delivered as digital downloads, at specific resolutions as specified in the “Buy” section in the galleries.

4.4 Watermark

The watermark visible on the screen photograph will not be printed.

4.5 Changes in Products, Bespoke Products and Services

Products, Bespoke Products and Services may be revised, added or discontinued at any time without prior notice or may become unavailable even after an order is placed. If your order is affected, you will be contacted and you will have the opportunity to either cancel the product and be refunded or change the product.

4.6 Accuracy of Products, Bespoke Products and Services

Although Smugmug strives to maintain accurate information and eliminate errors, they cannot warrant that Product descriptions, photos, videos, pricing or other Smugmug materials are accurate, complete, reliable, current or error-free, especially colours, as the way your screen is set-up might make them vary from the print.

Should you believe the product you received is not as described or pictured, please contact Smugmug and if it is a bespoke product, then contact Lightscape Creations, to return the product unused and within 30 days for a refund.

In the event of an error, whether contained in the online services, in an order confirmation, in processing an order or otherwise, Smugmug reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

5 Paying for Products, Bespoke Products And Services

5.1 Online Purchases

You can easily order prints or other products online from the galleries which will be processed entirely by SmugMug. You can make your purchase via paypal or by credit card.

Bespoke products and services are not available through Smugmug service and have been set-up differently, but the financial side is still handled by Smugmug.

You can pay for your bespoke products and services by going to the relevant gallery and find the product or service you want to order. The files are downloadable and detail the specific product or service on sale. Choose the one that meets your requirements and select to download it. The download has a fee which corresponds to the value of your bespoke product or service, which will be added to the cart and paid for like any other purchase.

All downloads are made available to you and all orders are processed as soon as SmugMug receives your valid Payment Information.

5.2 Failure to provide a valid method of payment

SmugMug may terminate your order for Products and Services and take further action as appropriate if they are unable to process your Payment Information and you are unable to provide a valid alternative form of payment.

You will be liable to refund SmugMug for any additional costs they incur while trying to collect any unpaid amount owed by you.

5.3 Additional method of payment

Local people have the additional option to pay by cheque, if preferred, or cash. If paying by cheque, it must be cleared before the order is sent for processing. Chasing payments would only raise the costs of my products and services to the detriment of everyone, to cover for time and money lost.

5.4 Import Tax

If you are ordering from outside the UK, you will be liable to pay any import taxes that your country might add to the cost of your product.

5.5 The Cart may show an “approximate price”. Why?

Although my prices are in pound sterling, Smugmug, as my website provider, handles the entire purchase process and all customer support including delivery and after-sales. As an American company, they operate in American dollars.

So, when you see in your cart the warning “price approximate”, it means that the price shown is based on a conversion at the day rate and accurate at the time.

If you purchase straight away, there should be no variation in prices. If you delay, SLIGHT VARIATIONS may occur.

5.6 Buying prints in a different currency

If you wish to purchase prints in a different currency, you can change the type of currency once you reach the cart.

6 Delivery

Once in your shopping cart, you will be able to select your preferred delivery option, where more than one choice is given.

Under the name of your option, you will see the number of business days required for the delivery.

Business Days run from Monday to Friday and do not include week-ends.

Products from my professional printer should take:

• Prints: 1-2 business days

• Wall Products: 2-5 business days

If you require your delivery by a specific date, make sure to check that there is plenty of time, using the following formula.

Delivery = Business Days required by Delivery+ Maximum Business Day required by Product

However, although care will be made to deliver by the estimated time shown, unforeseen events can affect production and delivery times and therefore no responsibility is taken by Lightscape Creations or Smugmug for any delays. Additionally, if an item in your order is temporarily out-of-stock, shipment of your order may get delayed by the printer until your order is complete.

Another carrier of equal or lesser cost might be substituted at any time to deliver your order.

All shipping charges shown in your shopping cart are your responsibility and can be viewed on a summary screen before finalising your order. It is subject to verification and correction or change at any time and without notice, however should it be higher, you will be contacted before the order is processed and you will have the opportunity to cancel your order or proceed by paying the added fee.

7 Guarantee

7.1 Products sold online

My website is powered by Smugmug and they handle the entire online purchase process. If you need any help ordering, the very friendly and efficient Smugmug Customer Service is here to help you. Please, email them at HELP@SMUGMUG.COM. Email support is available 24/365.

From the gallery, simply select the photograph(s) you wish to print, including product and size. Once you go to the cart, you will be able to finalise your order by modifying the product, adjust the cropping, add products for the same image or simply “remove” a product by deleting it.

Once you have ordered online, if you realise you have made a mistake in your order, you should email Smugmug Customer Support as soon as possible so they can try to cancel and replace the order before it is being processed. Remember to include the order number to speed action. Having said that, there is no guarantee that it will be possible to modify your order. It is best to ensure that you have ordered the right product.

All products are printed here in Scotland by an award-winning professional printing lab. They have been established for over 30 years and built their high reputation by using the highest quality award-winning products.

7.1.1 Returns Policy of Products sold online

Prints purchased online come with a 100% guarantee, no matter what, including orders lost or damaged in transit.

If you are ever unhappy with the prints you have ordered, they will be reprinted or the order refunded, whichever you prefer. You should email Smugmug Customer Support at help@smugmug.com within 30 days of receiving the order and include the order number so that they can help you out and ensure that you are thrilled.

7.2 Bespoke Product

Bespoke Products are directly handled by Lightscape Creations and will be delivered straight to your chosen address.

All orders are taken in writing by email to ensure no mistakes are made. Once I receive your order, I will wait 24 hours before I place it. This is to allow you for any second thought and adjustments you may wish to bring because once your order has been placed with the lab, it might not be possible to modify it as printing is usually processed straight away.

Should you need to make any adjustment, please email me straight away, even on the second day, so that I can check and try to cancel and replace the order before it is being processed. Use my email address ISABELLEMCINALLY@LIGHTSCAPECREATIONS.COM to forward your email order and include the order number, if I have already given you one, to speed action.

All products are printed here in Scotland by an award winning professional printing lab. They have been established for over 30 years and built their high reputation by using the highest quality award winning products.

Once orders have been sent to the printer, it might not be possible to modify them. It is best to ensure that you have ordered the right product.

Orders placed directly with me come with a 100% print and product guarantee and can be either collected or sent straight from the printer to you.

7.2.1 Returns Policy of Bespoke Products

As soon as you receive your products, check them and, if you are ever unhappy with the order, they will be reprinted or refunded, whichever you prefer.

Email ISABELLEMCINALLY@LIGHTSCAPECREATIONS.COM your order number along with the reason why you are unhappy and your chosen course of action. Either way, you must return the products to me in their original packaging, insured for the full value and at your own cost.

7.3 Services (events, building or product photography)

I photograph events, buildings exteriors and interiors and products. Delivery is strictly done after full valid payment is received.

7.3.1 Private events

Private events are photographed in candid style but I also consider special requests although I can only fulfil them if I am allocated enough time for them.

Payment of £120 is expected at the time of booking, for up to 2 hours of coverage and high resolution files (up to 4Mpix).

Delivery of 50 files of your choice is done straight from the website as a free download of the whole gallery which can be printed, posted online, shared but not used for any commercial or commercial-like purpose such as publicity or marketing.

7.3.2 Public events

Public events are photographed in candid style but I also consider special requests, although I can only fulfil them if I am allocated enough time for them.

Payment of £200 is expected at the time of booking, although it will be possible to delay payment, and will be for up to 3 hours of coverage.

You may chose to pay the full fee at the time of booking, in which case delivery of high resolution files (up to 4Mpix) of your choice will be done straight from the website as a free download of the whole gallery which you will be able to print, post online, share and use for used for commercial purpose.

I you choose delayed delivery, the high resolution files of your choice will be downloadable straight from the website as a paid download of the whole gallery, at full cost. You will be able to print, post online, share and use them for commercial purpose such as publicity or marketing.

7.3.3 Weddings

Wedding photography does not have to happen on the wedding day, but can be booked just before or just after the wedding. This allows couples and their close party, who have convinced a friend to photograph their wedding, to have a set of professional photographs to go with them.

Creativity rules as there is no need to follow a strict timetable. Coverage is of the same length as the booking and can be in a different location from your wedding. Perfect for those having a romantic Scottish wedding and wanting to be photographed in some stunning scenery.

Weddings are photographed in candid style but I also consider special requests, although I can only fulfil them if I am allocated enough time for them.

Weddings have a non-refundable deposit of £100 to be paid upon booking to guarantee your date and cover preparations. The remaining fee is payable a month before the wedding, so if you want to book me for a wedding to be held in four weeks time or less, you are expected to pay the full fee at the booking session.

Another payment of £100 is expected 28 days before the wedding photography date, for up to 2 hours of coverage; £200 for up to 3 hours of coverage, perfect for small weddings or where you do not need full coverage.

Delivery of 25 / 40 high resolution (up to 4Mpix) files, respectively and depending on length of coverage, will be done straight from the website as a free download of the chosen files which you will be able to print, post online, share and use for used for commercial purpose.

7.3.4 Buildings exteriors and interiors

Building exteriors and interiors photography will be carried out on a mutually suitable day. Two visits will be required:

• one to photograph the interior, during day time and on a bright day, if possible.

• One to photograph the exterior of the building, which can be a day or evening photograph. As no access is required here, it will happen on a suitable day, at my own discretion and based on your preferences.

A number of photographs will be taken with shallow or full depth of field to promote the required message and mood. If you already have an idea, let’s discuss it.

The rooms to be photographed are expected to be ready by the time I am on site as this will reduce your fees.

The fee, and time allocated, will depend on how much work is required but will be based on £50 per hour.

Minimum booking will be 2 hours and a payment of £100 is required up-front. The rest of the payment will be delayed, payable as a gallery download of high resolution files (up to 4Mpix) once you have chosen the final photographs. You will be able to print, post online, share and use the photographs supplied for used for commercial purpose, such as publicity or marketing.

If you are not local, reasonable mileage and any associated expense fees will be added to your fee, where applicable.

7.3.5 Product photography

Product photography will be carried out outdoors on a suitable day and in complementary natural surrounding. A number of photographs will be taken with shallow or full depth of field and by selecting a natural prop found in the vicinity of the shoot and varying angles to offer a selection of photographs to choose from. If you already have an idea, let’s discuss it.

The fee, and time allocated, will depend on how much work is required but will be based on £50 per hour.

Minimum booking will be 2 hours and a payment of £100 is required up-front. The rest of the payment will be delayed, payable as a gallery download of high resolution files (up to 4Mpix) once you have chosen the final photographs. You will be able to print, post online, share and use the photographs supplied for used for commercial purpose, such as publicity or marketing.

I charge per hour of work, not per photographs. You may want to stay and help with swapping items, which is recommended when soft or delicate products are being photographed.

If you are not local, reasonable mileage and any associated expense fees will be added to your fee, where applicable.

7.3.6 Service Cancellation / Change Policy

If you wish to change the date of a service before it has been delivered then you must inform Isabelle McInally as soon as possible in writing and at least three business days before the work is due, except for weddings which require a minimum of 7 days. You might have to wait a little longer for your shoot, depending on how busy Lightscape Creations is.

For weddings, there is no limit as to when you can organise a day before or a day after, however, if you leave it to the last 28 days, you might not be able to get the dates you want and may need to be more flexible.

Cancellations must be done in writing at least three business days before the work is due, except for weddings which require a minimum of 7 days.

If a refund is due, SmugMug will issue a full refund for the purchase price paid with my consent (minus any non-refundable deposit).

To request a refund, please contact SmugMug with your order number at help@smugmug.com. Please do not contact your credit card company to dispute a charge before contacting SmugMug.

7.3.7 Commission Work

I do commission work and you can get a quote by emailing details of your requirements and your budget at ISABELLEMCINALLY@LIGHTSCAPECREATIONS.COM for discussion and agreement on price and timescale.

Once agreed, I require a non-refundable deposit in order to cover my expenses. The amount will be notified at time of agreement and must be paid by cash or cheque, payable to Isabelle McInally, prior to the work starting. An invoice will be sent.

Following the shoot, the photographs are displayed in a gallery for your perusal. The chosen photographs are then made available as a high resolution digital download of the whole gallery with the quoted price, minus the deposit, as the fee to be paid. If you wish, I can add the possibility of purchasing products of your choice, such as prints, as well as the download.

8 Free work / Photographs

Unless you are a registered charity and can prove it, I am highly unlikely to consider any request for free work or free photographs in exchange of exposure and fame, even when it comes with highly attractive perks such as flexible hours and impressive “job” title. Would you?

So, please, do not offend me by requesting my work or my photographs for free. Free does not pay the bills and does not put food in the plate. Free does not even guarantee exposure and fame.

Having said that, I run promotions from time to time with a free prize draw for the value of your purchase.

Keep an eye on Lightscape Creations Facebook Page.


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