The following Terms of Use are entered into by and between you, the “User” and The Light & Airy Photographer, LLC, a Virginia limited liability company dba “The Light & Airy Photographer” and dba “The PUPPY PRESETS (“L&A”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the content, e-commerce store, affiliate links, functionality, products, and services offered on or through our Websites, http:// http://lightandairyphotog.com and http://www.thepuppypresets.com, as well as our Facebook groups located at https://www.facebook.com/lightandairyphotog/, https://www.facebook.com/thepuppypresets/ (collectively, the “Websites”), whether as a guest or a registered user, as well as any content located on or associated with the Websites.
TERMS OF USE OF THE WEBSITES
L&A agrees to provide the digital products, services, workshops, and/ or other products to the User via the Website. User agrees to abide by all policies and procedures as outlined in this Terms of Use agreement.
Taxes
L&A collects sales tax on orders made on the Website when required by law.
Returns policy
Because of the nature of digital products, we do not offer refunds. Please confirm all orders are correct before placing the order.
However, if you are unsatisfied with your purchase, please reach out to hello@lightandairyphotog.com or hello@thepuppypresets.com and we will do our best to make it right!
PRODUCT DISCLAIMER
The products, guides, workshops, and/ or other products and services which may be available through the Websites are developed for educational purposes ONLY. Education, information, and videos do not purport to be, nor should they be construed as, specific advice tailored to any individual or business. L&A assumes no responsibility for errors or omissions that may appear in any Website products or services.
L&A DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. Any testimonials or endorsements by our customers or audience represented on our Websites, landing pages, sales pages or offerings have not been scientifically evaluated, and the results experienced by individuals may vary significantly based on factors such as weather, location, and time of day.
Furthermore, L&A does not represent and warrant that the Website or any products contained on the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the associated downloads are free from viruses or harmful components. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
FEES
Payment is due in full at the time of purchase. L&A retains the right to refuse access to the purchased products and services if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Websites will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to hello@lightandairyphotog.com.
User agrees to pay interest on all past-due sums at a rate of 12% per annum or the highest rate allowed by law, whichever is greater.
REFUND POLICY
Due to the nature of web-based content, purchases are non-refundable.
INTENDED AUDIENCE
The Websites and the products and services featured on the Websites are intended for adults only. No user under the age of 18 may access or use the Websites.
INTELLECTUAL PROPERTY
L&A’s products and materials are copyright to L&A alone. The original materials have been provided under a single-user license for User’s individual use only, and shall remain the sole property of L&A. User may not license, sell, or otherwise distribute the filters, materials, videos, documents, or other digital items purchased on the Websites.
By purchasing from the Websites, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to L&A that it may uncover intentionally or unintentionally. Any information shared by L&A is confidential and proprietary, and belongs solely and exclusively to L&A.
Furthermore, by using any other interactive area of the L&A Websites and placing any information in any of those areas, the User grants to L&A a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from its Use of the Websites. User shall indemnify and hold harmless L&A, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my use of the Websites, excluding any such expenses and liabilities which may result from willful misconduct by L&A, or any of its directors or employees.
User shall indemnify, defend, and hold harmless L&A and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – arising out of or resulting from his or her use of the Websites.
User shall hold L&A harmless for damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of L&A’s products and services – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from User’s misuse of the Websites or the products and services offered there.
THIRD PARTY SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by L&A.
L&A has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that L&A shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION.
User agrees that in the following circumstances, L&A may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s access to the Websites:
User becomes disruptive to L&A or other users;
User fails to follow the guidelines posted in the Facebook Group, which may change from time to time but shall be included in the “About” section of the group’s landing page;
User distributes the products sold by L&A without permission;
L&A discovers or reasonably suspects the User is harvesting data from the L&A Websites;
User refuses to abide by L&A administration or moderation requests; or
the User violates these terms as determined solely by L&A.
Upon termination for any of the above reasons, User’s access to the Websites will be restricted and/ or terminated completely. No refunds will be provided.
DISPUTE RESOLUTION.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Henrico County, Virginia. All claims against L&A must be lodged within 100-days of the date of the alleged breach or damage, whichever comes first. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
EQUITABLE RELIEF.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to the jurisdiction named herein for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email.
GENERAL TERMS
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement. L&A may modify terms of this agreement at any time, and will update this webpage with a “last updated” date. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, further performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
Any User data collected during use of the Websites is governed by L&A’s Privacy Policy. Please review our Privacy Policy at [ADDRESS WHERE PRIVACY POLICY WILL LIVE]. User grants L&A the right to collect and use all information regarding your use of L&A Websites in any manner consistent with our Privacy Policy.
DMCA NOTICES
L&A values others’ intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Websites;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Websites is Caroline J. Fox, Esq., who can be reached as follows:
Caroline J. Fox, Esq.
CJFox Law, PLLC
2920 W Broad Street, C11
Richmond, Virginia 23230
(804) 715-1893
dmca@cjfoxlaw.com