MJ Thomas Photography Terms and Conditions
Last Updated: August 26, 2026
These Terms and Conditions (“Terms”) govern access to and use of the websites, online services, ordering services, forms, communications, and other services provided by MJ Thomas Enterprises, Inc., doing business as MJ Thomas Photography (“MJ Thomas,” “we,” “us,” or “our”).
Our primary website is www.mjthomasphoto.com. Certain portions of our services, including online photography ordering and related functionality, may be hosted or operated through third-party service providers acting on our behalf.
By accessing or using our Services, you agree to these Terms to the extent permitted by applicable law. If you do not agree with these Terms, you should not use the applicable Services.
These Terms do not supersede any separate written agreement between MJ Thomas and a school, school district, organization, or other contracting party. If a separate written agreement conflicts with these Terms, the separate written agreement controls with respect to that relationship.
1. Our Services
MJ Thomas provides school photography, sports and activity photography, yearbook services, online ordering, image management, production, fulfillment, customer support, and related services.
Our Services may be used by:
- Parents and guardians
- Students, where appropriately authorized
- School and district personnel
- Coaches and organization representatives
- Customers purchasing photographs or related products
- Other authorized users
The public website and online ordering services are primarily intended for parents, guardians, school personnel, adult customers, and other authorized users.
Minors should use the Services only with the involvement, permission, or authorization of a parent, guardian, school, or other legally authorized party, as applicable.
Nothing in these Terms authorizes a minor to enter into a transaction or provide consent where applicable law requires the involvement or authorization of a parent, guardian, school, or other authorized adult.
2. Privacy
Your use of the Services is subject to the MJ Thomas Photography Privacy Policy, which explains how we collect, use, disclose, protect, retain, and delete personal information.
Our Privacy Policy is available at:
https://www.mjthomasphoto.com/privacy-policy/
The Privacy Policy is intended to describe our privacy practices and does not expand or reduce rights or obligations established by applicable law or a separate written agreement.
Questions about privacy or Student Data may be submitted to:
3. School and Student Information
MJ Thomas may receive information from schools and school districts in connection with photography, yearbook, identification, ordering, fulfillment, or related services.
Use of Student Data is governed by our Privacy Policy, applicable agreements with schools or school districts, and applicable law.
Nothing in these Terms authorizes MJ Thomas to use Student Data for unrelated targeted advertising, behavioral advertising, or commercial advertising profiling.
If a school or school district has a separate written agreement with MJ Thomas addressing Student Data, privacy, security, retention, or related requirements, that agreement will control to the extent of any conflict with these Terms.
4. Photography and Online Ordering Platforms
MJ Thomas may use third-party technology providers to support photography workflow, image management, online ordering, payment processing, production, fulfillment, or related functionality.
This includes Captura, formerly ImageQuix, which provides technology used in connection with portions of MJ Thomas’s photography and ordering services.
When a third-party platform is acting as a service provider on behalf of MJ Thomas, your use of that platform may also be subject to the provider’s applicable terms or privacy practices.
Use of a service provider does not automatically mean that purchases made through that service are transactions solely between you and the service provider. Where a platform is processing an order for MJ Thomas products or services, MJ Thomas remains responsible for the portion of the transaction that belongs to MJ Thomas, subject to these Terms and applicable law.
Independent third-party websites or services that are not acting on behalf of MJ Thomas may have separate terms and policies, and MJ Thomas is not responsible for their independent activities.
5. Accounts and Registration
Certain Services may require you to create an account or provide identifying information.
When creating or using an account, you agree to:
- Provide accurate and current information
- Maintain the confidentiality of your login credentials
- Use reasonable care to prevent unauthorized access to your account
- Notify the applicable service provider or MJ Thomas if you believe your account has been compromised
- Use the account only for lawful and authorized purposes
You are responsible for activity performed through your account to the extent permitted by applicable law, except where unauthorized activity results from circumstances outside your reasonable control.
MJ Thomas or an applicable service provider may suspend or restrict an account when reasonably necessary to protect users, prevent fraud, respond to security concerns, enforce these Terms, or comply with law.
6. Orders and Purchases
Product descriptions, package contents, pricing, availability, delivery estimates, and other order information may be displayed through MJ Thomas or an authorized ordering platform.
You are responsible for reviewing the details of your order before submitting it.
By placing an order, you represent that:
- The information you provide is accurate
- You are authorized to use the selected payment method
- You are authorized to place the order
- You agree to pay the applicable price, taxes, shipping charges, and other disclosed fees
An order is not necessarily accepted until payment has been successfully processed and the order has been accepted for production or fulfillment.
MJ Thomas may cancel or decline an order where reasonably necessary because of:
- Pricing or product-description errors
- Suspected fraud
- Payment failure
- Product unavailability
- Technical errors
- Unauthorized use
- Legal or contractual requirements
If MJ Thomas cancels a paid order before fulfillment, an appropriate refund will be issued for the cancelled portion of the order.
7. Photography Products
Photography products may include prints, digital images, packages, specialty products, yearbooks, trader cards, or other products offered by MJ Thomas.
Colors, cropping, appearance, and image presentation may vary based on:
- Monitor or device settings
- Print processes
- Product dimensions
- Image aspect ratios
- Cropping required for a particular product
- Normal manufacturing tolerances
MJ Thomas may make reasonable adjustments necessary to prepare photographs for printing or fulfillment.
Questions or concerns regarding a received order should be reported to MJ Thomas within a reasonable period after receipt so that we have an opportunity to investigate and address the issue.
Nothing in these Terms limits any warranty, refund, or consumer right that cannot lawfully be excluded.
8. Digital Images
If you purchase or are otherwise authorized to receive a digital photograph, MJ Thomas grants you a personal, non-exclusive license to use that image for lawful personal and family purposes unless otherwise stated.
Unless MJ Thomas expressly provides otherwise, purchasing a digital file does not transfer copyright ownership in the photograph.
You may generally:
- Store the image for personal use
- Make personal prints
- Share the image with family and friends
- Use the image on personal social-media accounts
You may not, without permission:
- Resell the image
- License the image commercially
- Claim copyright ownership of the image
- Use the image to create unauthorized commercial products
- Remove copyright or ownership information where such information has been included
- Use the image in a misleading, unlawful, defamatory, or infringing manner
Separate usage rights may apply where MJ Thomas provides images to a school, district, team, organization, or commercial client under a separate agreement.
9. Intellectual Property
Unless otherwise indicated, MJ Thomas or its licensors owns or lawfully uses the content appearing through the Services, including:
- Photographs
- Graphics
- Website design
- Text
- Logos
- Trademarks
- Artwork
- Software elements
- Product designs
- Promotional materials
- Other original content
These materials are protected by applicable copyright, trademark, and other intellectual-property laws.
Except as expressly allowed by these Terms or with written permission from MJ Thomas, you may not reproduce, distribute, sell, license, modify, republish, scrape, commercially exploit, or create derivative commercial uses of MJ Thomas content.
You may print or save portions of the website for personal, educational, or legitimate internal business use where doing so does not violate applicable law or another person’s rights.
10. Feedback and Suggestions
If you voluntarily send MJ Thomas ideas, suggestions, comments, or feedback about our Services, you give MJ Thomas permission to consider and use that feedback without compensation or obligation to you.
This provision applies to ideas and feedback about MJ Thomas’s products or Services.
It does not give MJ Thomas unrestricted ownership or commercial-use rights over:
- Student Data
- Personal information
- Customer photographs
- School records
- Customer-service attachments
- Confidential business information
- Other materials submitted for a specific service-related purpose
Personal information and Student Data will be handled as described in our Privacy Policy and applicable agreements.
11. Prohibited Activities
You may not use the Services to:
- Violate any applicable law or regulation
- Access another person’s account without authorization
- Attempt to obtain passwords, credentials, or restricted information
- Circumvent access controls or security features
- Interfere with or disrupt the Services or related systems
- Introduce malware, viruses, ransomware, malicious code, or harmful files
- Perform unauthorized security testing
- Scrape, harvest, or systematically collect personal information without authorization
- Use automated tools to access the Services in a manner that imposes an unreasonable burden on our systems
- Commit fraud or impersonate another person
- Submit false payment information
- Harass, threaten, abuse, or unlawfully target another person
- Infringe copyrights, trademarks, privacy rights, publicity rights, or other legal rights
- Use photographs or Student Data obtained through the Services for unlawful or unauthorized purposes
- Attempt to access student photographs or information for which you are not an authorized viewer
- Resell or commercially exploit the Services or MJ Thomas content without authorization
- Use the Services in any manner that creates a material security or privacy risk
MJ Thomas may take reasonable steps to prevent or respond to prohibited activity, including restricting access, suspending accounts, cancelling fraudulent transactions, preserving evidence, and reporting unlawful conduct where appropriate.
12. Security and Unauthorized Access
You agree not to attempt to defeat, bypass, disable, or interfere with security protections used by MJ Thomas or our service providers.
If you discover a suspected security vulnerability or unauthorized access involving MJ Thomas systems or information, please report it to us rather than attempting to exploit or publicly disclose the vulnerability.
Security and privacy concerns may be reported to:
Nothing in this section prohibits legitimate activity protected by applicable law.
13. Third-Party Websites and Independent Services
The Services may contain links to independent third-party websites or resources.
A link does not necessarily mean MJ Thomas endorses or controls the third party.
Independent third-party websites may maintain their own:
- Terms and conditions
- Privacy policies
- Cookie practices
- Security practices
- Payment practices
- Product or service terms
MJ Thomas is not responsible for the independent actions of third-party websites or services that are not acting as service providers on our behalf.
This section does not apply in the same manner to providers such as Captura when they are processing information or facilitating services on behalf of MJ Thomas. Those relationships are addressed in our Privacy Policy and applicable service agreements.
14. Availability and Changes to the Services
MJ Thomas may update, modify, suspend, or discontinue portions of the Services from time to time.
Services may occasionally be unavailable because of:
- Maintenance
- Network problems
- Hosting interruptions
- Security events
- Vendor outages
- Software or hardware failures
- Events outside our reasonable control
MJ Thomas does not guarantee uninterrupted or error-free availability.
We will use reasonable efforts appropriate to the circumstances to maintain and restore Services that are important to our operations.
15. Data and Backups
MJ Thomas maintains security, backup, and recovery practices designed to support its operations and protect information.
However, no information system, storage system, or backup process can guarantee that data will never be lost, corrupted, damaged, or unavailable.
Nothing in this section limits MJ Thomas’s obligations regarding Student Data or personal information under:
- Applicable law
- Our Privacy Policy
- A school or district agreement
- Another applicable written contract
Retention and deletion practices are described in our Privacy Policy.
16. Electronic Communications and Transactions
When you communicate with MJ Thomas electronically, submit a form, place an online order, or otherwise use electronic portions of the Services, you agree that MJ Thomas may respond or provide transaction-related information electronically where permitted by law.
Electronic records may include:
- Order confirmations
- Receipts
- Service notifications
- Customer-support messages
- Agreements
- Notices
- Disclosures
- Other transaction-related communications
Electronic signatures and electronic records may be used where permitted by applicable law.
Nothing in these Terms eliminates any legal right to receive information in another form where applicable law requires it.
17. Email Communications
MJ Thomas may send service-related emails necessary to provide photography, ordering, yearbook, customer-support, or other requested services.
Where required by law, marketing or promotional email communications will provide an appropriate means to unsubscribe.
Unsubscribing from promotional messages may not prevent MJ Thomas from sending transactional, service-related, security, legal, or other non-marketing communications.
18. SMS Text Messaging
MJ Thomas may offer SMS messaging for communications such as:
- Picture-day information
- Appointment or event reminders
- Ordering information
- Account or transaction notifications
- Customer-support communications
- Promotional communications where the recipient has provided appropriate consent
Consent
Where consent is required, MJ Thomas will send SMS communications only to recipients who have provided an appropriate opt-in or where another lawful basis permits the message.
Consent to receive marketing text messages is not a condition of purchasing MJ Thomas products or services unless expressly permitted by applicable law.
Message Frequency
Message frequency may vary based on the applicable program, school, event, transaction, or communication preferences.
Opting Out
You may opt out of applicable SMS communications by replying:
STOP
You may receive a final confirmation message acknowledging the opt-out.
Assistance
For assistance with SMS communications, you may reply:
HELP
or contact:
Message and Data Rates
Standard message and data rates charged by your wireless carrier may apply.
Additional information concerning our handling of personal information is available in our Privacy Policy.
19. Service Management and Account Suspension
MJ Thomas may restrict, suspend, or terminate access to the Services when reasonably necessary to:
- Enforce these Terms
- Prevent fraud
- Protect student or customer information
- Respond to security threats
- Protect MJ Thomas, our customers, schools, students, employees, or service providers
- Comply with applicable law
- Respond to misuse or unauthorized access
Where reasonably practicable, MJ Thomas may provide notice of account suspension or termination.
Nothing in this section authorizes deletion or use of Student Data in a manner inconsistent with our Privacy Policy, applicable law, or a controlling school or district agreement.
20. Corrections and Pricing Errors
MJ Thomas attempts to provide accurate information regarding products, pricing, availability, and Services.
Occasionally, information may contain errors or omissions.
MJ Thomas may correct typographical errors, pricing errors, product-description errors, or other inaccuracies.
If an error affects an order that has already been submitted, MJ Thomas may contact the customer to:
- Correct the order
- Offer an alternative
- Cancel the affected portion
- Issue an appropriate refund
21. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
MJ THOMAS DOES NOT WARRANT THAT THE WEBSITE OR ONLINE SERVICES WILL ALWAYS BE:
- UNINTERRUPTED
- ERROR-FREE
- COMPLETELY SECURE
- FREE OF TECHNICAL PROBLEMS
- AVAILABLE AT ALL TIMES
TO THE FULLEST EXTENT PERMITTED BY LAW, MJ THOMAS DISCLAIMS IMPLIED WARRANTIES THAT MAY OTHERWISE APPLY TO THE WEBSITE OR ONLINE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS SECTION DOES NOT LIMIT:
- WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED
- OBLIGATIONS UNDER APPLICABLE CONSUMER-PROTECTION LAW
- EXPRESS PRODUCT GUARANTEES MADE BY MJ THOMAS
- OBLIGATIONS REGARDING PERSONAL INFORMATION OR STUDENT DATA UNDER APPLICABLE LAW OR CONTRACT
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MJ THOMAS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE WEBSITE OR ONLINE SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITY.
THIS LIMITATION DOES NOT APPLY WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
FOR CLAIMS ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE OR ONLINE SERVICES, AND NOT FROM A SEPARATE SCHOOL, DISTRICT, COMMERCIAL, OR OTHER WRITTEN AGREEMENT, MJ THOMAS’S AGGREGATE LIABILITY WILL, TO THE EXTENT PERMITTED BY LAW, NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID MJ THOMAS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE CLAIM AROSE; OR
- $100
THE LIMITATIONS IN THIS SECTION DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
THEY ALSO DO NOT OVERRIDE ANY DIFFERENT LIABILITY TERMS CONTAINED IN A SEPARATE WRITTEN AGREEMENT BETWEEN MJ THOMAS AND A SCHOOL, DISTRICT, ORGANIZATION, OR OTHER CONTRACTING PARTY.
23. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless MJ Thomas and its officers, directors, employees, and agents from third-party claims, losses, damages, or reasonable legal expenses arising from:
- Your intentional or unlawful misuse of the Services
- Your material violation of these Terms
- Your infringement of another person’s intellectual-property rights
- Your unauthorized access to or misuse of another person’s account, photographs, or personal information
- Content or materials you submit when you did not have the legal right to submit them
This indemnification provision does not require a consumer to indemnify MJ Thomas for claims caused by MJ Thomas’s own unlawful conduct, negligence where such indemnification is prohibited, or other matters that cannot legally be shifted to the consumer.
24. Governing Law
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Nothing in this section eliminates consumer, privacy, student-data, or other statutory rights that cannot lawfully be waived.
25. Informal Dispute Resolution
Before initiating formal legal proceedings regarding a dispute arising from these Terms, you and MJ Thomas agree to make a reasonable good-faith effort to resolve the dispute informally.
A party seeking to raise a dispute should provide written notice describing:
- The nature of the dispute
- The relevant transaction or event
- The requested resolution
The parties will attempt to resolve the matter for at least 30 days after receipt of the written notice before commencing arbitration or litigation, unless immediate legal action is reasonably necessary to prevent substantial harm or preserve legal rights.
Customer-service inquiries do not need to follow this formal process.
26. Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.
Except for disputes excluded below or where applicable law prohibits arbitration, disputes arising from these Terms that cannot be resolved through the informal process above will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules.
Arbitration may be conducted:
- Remotely
- By telephone
- By written submissions
- In person where appropriate under applicable AAA rules
Where an in-person arbitration is required and applicable law does not require another location, the arbitration will take place in or reasonably near Mesa County, Colorado.
The arbitrator may award any individual remedy that would otherwise be available in court under applicable law.
Nothing in this section prevents either party from:
- Bringing an eligible claim in small-claims court
- Seeking temporary or emergency injunctive relief
- Seeking relief concerning infringement or misuse of intellectual-property rights
- Reporting a matter to a government agency
- Exercising rights that cannot lawfully be subjected to arbitration
27. Class and Representative Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS.
NEITHER PARTY WILL SEEK TO HAVE A DISPUTE RESOLVED:
- AS A CLASS ACTION
- AS A COLLECTIVE ACTION
- AS A REPRESENTATIVE ACTION ON BEHALF OF OTHER PERSONS
If applicable law prohibits enforcement of this waiver for a particular claim or remedy, that claim or remedy will be handled as required by applicable law.
28. Claims Period
To the extent permitted by applicable law, a claim arising solely from use of the public website or online Services must be brought within one year after the claim accrued, unless applicable law provides a longer period that cannot be shortened by agreement.
This limitation does not alter any period established by a separate written agreement with a school, district, organization, or other contracting party.
29. Venue for Court Proceedings
Where a dispute may properly proceed in court rather than arbitration, and applicable law permits the parties to select a venue, the parties agree to the jurisdiction of the appropriate state or federal courts serving Mesa County, Colorado.
This provision does not apply where applicable consumer or other law gives a party a non-waivable right to bring a claim elsewhere.
30. Force Majeure
MJ Thomas will not be responsible for delays or failure to perform caused by circumstances beyond its reasonable control, including:
- Natural disasters
- Severe weather
- Fire
- Flood
- Government actions
- Labor disruptions
- Utility outages
- Telecommunications failures
- Internet outages
- Cyberattacks despite reasonable safeguards
- Vendor or carrier disruptions
- Other comparable events outside MJ Thomas’s reasonable control
MJ Thomas will use commercially reasonable efforts to resume affected operations when practicable.
31. Changes to These Terms
MJ Thomas may update these Terms from time to time to reflect changes in:
- Our Services
- Technology
- Business practices
- Service providers
- Legal requirements
When we make changes, we will update the “Last Updated” date.
Material changes will apply prospectively to the extent required by applicable law.
Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
Changes to these Terms do not retroactively alter a separate written contract unless that contract expressly permits such modification.
32. Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in effect.
33. No Waiver
A failure by MJ Thomas to enforce a provision of these Terms on one occasion does not waive the right to enforce that provision or another provision later.
34. Assignment
MJ Thomas may assign its rights or obligations under these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or similar transaction, subject to applicable law.
Users may not transfer contractual rights under these Terms where doing so would materially affect MJ Thomas without our consent, except where applicable law provides otherwise.
35. Entire Agreement
These Terms, together with applicable policies and any additional terms expressly presented in connection with a particular Service, constitute the agreement governing your use of the public website and applicable consumer Services.
A separate written agreement between MJ Thomas and a school, district, organization, customer, or other contracting party may supplement or supersede these Terms.
36. Contact Us
Questions regarding these Terms or the Services may be directed to:
MJ Thomas Enterprises, Inc.
d/b/a MJ Thomas Photography
721 North 12th Street
Grand Junction, Colorado 81501
United States
Phone: 970-241-2467
Customer Support: support@mymjthomas.com
Privacy and Student Data: privacy@mjthomasphoto.com
Website: www.mjthomasphoto.com