OPAL HOUR LLC

TERMS AND CONDITIONS & PRIVACY POLICY

Terms and Conditions

Terms and Conditions of Use for Opal Hour LLC

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.

Privacy Policy

Privacy Policy for Opal Hour LLC

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


OPAL HOUR PRIVACY POLICY

This Privacy Policy describes the information and data Opal Hour LLC, a Utah limited liability company (“OH,” “we,” “us,” “our,” or “our company”), collects from visitors who use OpalHourPhoto.com (the “Website”) and access any other OH products or services, including those referenced on the Website or in this Privacy Policy (collectively, the “Offerings”).

This Privacy Policy relates only to our Website, the Offerings, and our company, not to any third party site or service linked to by our Website or recommended or referred by us or through our Website.


A. Personal Information Collected

We, and our contractors (such as third party vendors/platforms), may collect and store any information you choose to put in an email, contact form, or comment you send us (or them), or provide to purchase any of the Offerings, (including without limitation) name, email address, telephone number, mailing address, and username. The Website does not collect or store any payment information. Payment information for any Offerings purchased through OH is collected and stored by our third party vendor and/or its payment processors, subject to its/their policies, not OH’s.

Our Website is not meant to collect information that may be considered “sensitive” (as various jurisdictions may use the term), nor any personal information from anyone under age 18. If nonetheless you know of potentially sensitive information, or children’s information, collected through our Website, please contact us using our Contact page. 


B. Use of Personal Information; Cookie Policy

We use your personal information to reply to messages you send us via email or otherwise, including contact form submissions and comments, to process your transactions with us, to otherwise correspond with you, and other legitimate business purposes such as security and fraud prevention. Also, if you subscribe to our blog we’ll put your email address and other contact information you provide on our notices list(s), so that you get email notice of future blog posts and announcements, including marketing communications, from us. You can unsubscribe by clicking “unsubscribe” when you receive a marketing email, or at any time by contacting us using our Contact page. 

As do most websites, our Website may use cookies, as may our third party vendors/platforms. For more information on our use of cookies and similar technologies, please contact us using our Contact page.

Particularly given the limited amount and type of information and data collected through our Website and other Offerings, we may or may not have identified all possible uses, or restricted contractors’ (see Section E, below) own use or disclosure of information or data. OH does not control and is not responsible for the conduct or policies of our contractors (or their subcontractors), and we urge Website visitors and customers and clients of our Offerings to familiarize themselves with those policies.


C. Retention of Personal Information

OH retains your personal information so long as it serves our purposes as determined in our sole discretion, including to provide the Website and the Offerings, send you announcements and other messages, notices, and other communications we hope will be of interest to you (unless you’ve unsubscribed), to manage your current and potential access to the Offerings, collect and monitor traffic and other usage statistics at our Website, monitor and improve our Offerings, and to comply with our accounting and legal obligations.


D. Transfer of Personal Information

We may store or process your data outside your city, province, state, or country, including through one of our contractors (described below). So your personal information may be stored in a jurisdiction that operates under privacy and data protection laws different from (and potentially less protective than) those of your home jurisdiction. 

We may disclose personal information to attorneys or law enforcement authorities to address contract violations or illegal behavior, or to enforce our rights. We disclose information demanded in a court order, subpoena, or otherwise required by law, or to prevent harm to persons or property. And we may share personal information in connection with a corporate transaction, like a merger or sale of our company, the sale of most of our assets, or a bankruptcy. 


E. Contractors and their Access to Personal Information

As described in this Privacy Policy, our contractors (and their subcontractors) help us with payment processing, security and fraud prevention, hosting and storage of the Website and other Offerings, monitoring use of the Website and other Offerings, and communicating with and marketing to Website users and other customers and clients of our Offerings. We change contractors and third parties, and their roles, from time to time. 

OH engages with third party vendors/platforms to process payments and market and otherwise communicate with you regarding OH’s Offerings. Information you provide (such as your name and email address) or that is passively gathered online (such as via cookies) when you request, purchase, or use any of OH’s Offerings may be disclosed to or from (and may be gathered directly by) the applicable contractor, and can be used (and disclosed) by them in accordance with their terms and policies (such as their terms of use and privacy policies).

You are urged to familiarize yourself with those terms and policies (and OH’s) before requesting, purchasing, or using any of OH’s Offerings. OH does not control and is not responsible for such contractors (or their subcontractors), their procedures, or their policies, nor those of any other third party with which you may (if/where available) “like” or “follow” OH, or otherwise engage with or about OH (for example, social media providers such as Facebook, YouTube, Instagram, TikTok, Snapchat, LinkedIn, etc.).

Our contractors include, without limitation:

Website Management & Hosting: Pixieset

Our Website is managed and hosted by Pixieset Media Inc. (“Pixieset”). For Pixieset’s privacy policy, please visit: https://pixieset.com/. We may change Website management and hosting contractors from time to time. Such contractors may, subject to their own policies, access data collected by or through our Website.

Payment Processing: Stripe & Venmo

Our contractors also include Stripe, Inc. (“Stripe”) and Venmo, a service of Paypal, Inc. (“Venmo”), which provide payment processing services. We will not store or collect your payment card details. That information is provided directly to Stripe and Venmo, whose use of your personal information is governed by their respective privacy policies. For Stripe’s privacy policy, please visit: https://stripe.com/. For Venmo’s privacy policy, please visit: https://venmo.com/.

Image Editing, Content Creation, and Cloud Storage: Adobe, Canva, Apple

Our contractors also include Adobe, Inc. (“Adobe”), Canva Pty Ltd (“Canva”), and Apple, Inc. (“Apple”) which provide image editing software, image creation software, and cloud storage. We may change Image Editing, Content Creation, and Cloud Storage management and hosting contractors from time to time. Such contractors may, subject to their own policies, access data collected by or through our Website. For Adobe’s privacy policy, please visit: https://adobe.com/. For Canva’s privacy policy, please visit: https://canva.com/. For Apple’s privacy policy please visit: https://apple.com/.


F. Protection of Personal Information

We store information you send us on password-protected computers and share it with trusted contractors. Data we don’t store ourselves is collected and stored by our contractors, under their policies and procedures. See Section E above for information about contractors. Unfortunately, like most websites, we can’t guarantee the security of personal information or other data, including during transmission and storage. We offer our Website and other Offerings “As Is” (unless we and you execute a contract providing to the contrary). Use of the Website is at your own risk.


G. Accessing and Correcting Your Personal Information

You can request to access and change contact information we store about you by contacting us using our Contact page. To access and change contact information stored by any of our contractors (and their subcontractors) and any other third party vendors/platforms, please contact them directly.


H. Data Privacy Laws

We provide this Privacy Policy describing the processing of personal information in the interest of transparency to users of our Website and to customers and clients of our other Offerings. Doing so is not intended to suggest, and does not mean, that legal responsibilities apply to OH that would not otherwise. Standards for personal information are not the same in all jurisdictions, inside and outside and among the United States, and are rapidly evolving and complex. Simply put, not all laws, including collection notice requirements, apply to all entities, individuals, or information, in all locations, or in all circumstances. Individuals in certain jurisdictions, inside and outside the United States, have certain rights when entities governed by those laws process their “personal data” or “personal information” (e.g., pursuant to the European Union’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), the Utah Consumer Privacy Act (“UCPA”), and other international and U.S. state and federal laws, where applicable). Depending on the jurisdiction, and subject to various limitations, such rights may include, for example, to access/obtain a copy of their personal information, update/correct/delete their personal information, to object to/opt-out of certain processing, or not allow certain processing without consent, and to complain to a data protection authority. Entities which the CCPA defines as a “business” have special obligations to Californians including more detailed notices than this, and if personal information is “sold” or “shared” (meaning for certain behavioral advertising) the opportunity to opt-out. Similarly, the UCPA applies to entities which the UCPA defines as a “controller” or “processor.”

OH is currently a small, U.S.-based entity with modest types and amounts of personal data processing, that does not “target” internationally, and that does not receive monetary compensation when disclosing personal data as described in this Privacy Policy. We believe that OH does not fall within most, if any, of such laws’ prerequisites for coverage and applicability. Without limiting that general statement, we believe we do not currently satisfy the threshold to be regulated as a “business,” “controller,” or “processor” pursuant to the CCPA, UCPA, and any other U.S. state privacy laws adopted to date. And terms used in this Privacy Policy (e.g., contractor, third party) are intended as generally understood, not as specially defined by any particular law.

If however you believe you have legal rights you wish to exercise regarding your personal data, that are not addressed in this Privacy Policy, contact us using our Contact page. We strive to evaluate such requests and comply to the extent required of us under then-applicable law, and we may request that you identify the law you believe applies to you.

And, as noted above, you can access and change contact information OH stores about you by contacting us using our Contact page and you can access and change contact information stored by any of our contractors (and their subcontractors) and any other third party vendors/platforms by contacting them directly. 


I. Amendment

OH may change this Privacy Policy at any time by posting a new version on this page or on a successor page. Without limiting that general statement, policies or terms in purchase orders or other customer purchase documents do not become contract terms, unless executed by each party’s authorized representative, and do not modify this Privacy Policy.


J. Contact Us

To contact us, please use our Contact page.