Terms of Service
The website http://shaeestellaphoto.com (collectively, the “Website”) includes Lightroom Presets, Adobe Camera Raw Presets and other items (collectively, “Products”) created by or licensed to Shae Estella Photography (“Shae Estella Photo”) that are available for purchase, subject to the payment of fees to Shae Estella Photo.
The following terms and conditions (referred to as the “Terms & Conditions” or the “Agreement”) govern your use of the Website and any Products and form a binding agreement between Shae Estella Photo and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as “you”). By using the Website or purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them. If you purchase a Product, you will also be asked to accept Terms of Service that appear during the checkout process. In the event of any inconsistency between this Agreement and the Terms of Service with respect to purchasing Products, the terms of the Terms of Service shall control. In the event of any other inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall control.
Shae Estella Photo reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products from Shae Estella Photo.
2. Use of the Website
The Website is owned and operated by Shae Estella Photo. The material used and displayed on the Website is the property of Shae Estella Photo, and it is protected by copyright, trademark and other laws. The Website and its contents, including Products and any images used on the Website (“Images”), may not be copied or reproduced without the prior written consent of Shae Estella Photo.
Using the Website, Products or Images other than for a permitted purpose is prohibited. For example, you are not allowed to use the Website or its content, including without limitation, the Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Products, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Products, or any related website, other websites, or the Internet. Shae Estella Photo reserves the right to terminate your use of the Website, the Products or any related website for violating any of the prohibited uses.
You are not allowed to share, distribute, copy, transfer, sell or re-license any of our Products or Services. You are also not allowed to modify or alter any Product or Service that you license and then resell it as your own product or service. Shae Estella Photo will consider such conduct to not only violate these Terms & Conditions, but also as an infringement of Shae Estella Photo’s intellectual property and proprietary rights and Shae Estella Photo reserves our rights to take any necessary steps, including asserting a legal action against you, in order to protect our rights. If you purchase a license to use any Product or Service, you are acquiring a five (2) seat license authorizing a maximum of five (2) natural persons and/or computers within your organization to use that Product or Service. If you require additional seats, please contact us at firstname.lastname@example.org
3. Copyright and Intellectual Property Rights
Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of Shae Estella Photo and are protected by national copyright laws, international treaty provisions and other applicable laws.
Other than as expressly permitted by Shae Estella Photo, Products may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. You cannot use a Product for any purpose unless you purchase it.
Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or Shae Estella Photo’s intellectual property and proprietary rights and you are responsible for any fees, damages or compensation arising from any unauthorized use.
All Sales are final, there are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees. Please be sure that any Product you are purchasing is compatible with your software or camera files (requirements are listed on the Product page), there are no refunds, exchanges or returns for incompatibility. After purchase, Products are delivered as a digital download. Shae Estella Photo encourages you to make a backup copy of your downloaded Products, but no other copying or reproducing of Products is permitted.
All published prices and sales are in Australian Currency. If you are purchasing from outside of Australia, Shae Estella Photo cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer. PLEASE NOTE: Shae Estella Photo does not accept PayPal E-Check payments.
5. Disclaimers and Limitation of Liability
Disclaimer. Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free.
Linked Websites. Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website.
Limitation of Liability. Except for the indemnification to you set forth below, to the maximum extent permitted by law, Shae Estella Photo will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Shae Estella Photo’s liability to you in any circumstances will be limited to the amount you paid for the relevant Product.
6. Warranties and Indemnification
Warranties to You. Shae Estella Photo has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party.
Your Warranties to Shae Estella Photo. You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement.
Indemnification by Shae Estella Photo. Subject to any disclaimers set forth above, provided that a Product is used in accordance with these Terms & Conditions and you are not in breach of this Agreement, Shae Estella Photo will defend and indemnify you from any damages, liabilities and expenses (including reasonable outside legal fees) incurred by you in connection with any actual lawsuit or legal proceeding alleging that Shae Estella Photo is in breach of any of the warranties provided in this Agreement.
Indemnification by You. You will indemnify and hold harmless Shae Estella Photo from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorized or prohibited access to computer systems or data.
Indemnification procedure. The party seeking indemnification (the “Indemnitee”) will promptly notify the other party (the “Indemnitor”) in writing of any claim that is eligible for indemnification. The Indemnitee, at its sole option, may assume the handling, settlement or defense of any claim, and the Indemnitor will cooperate in the defense of any such claim if requested by the Indemnitee. The Indemnitee will have the right to participate in such claim, at its expense, using the counsel of its choice. The Indemnitor will not be liable for legal fees and other costs incurred prior to the Indemnitee giving notice of the respective claim. Shae Estella Photo will not be liable for any losses arising from your failure to stop using any Product if so required in order to mitigate any potential damages.
Governing Law. This Agreement and any dispute arising from or in relation to this Agreement will be governed by, construed, interpreted and enforced in accordance with the laws of the Australian Capital Territory and the applicable laws of Australia (excluding the application of its conflicts of law rules), and the parties submit to the exclusive jurisdiction of the Superior Court of Justice in the Australian Capital Territory or the Federal Court of Australia, both located in Canberra, Australia, for the purpose of all legal actions arising out of or relating to this Agreement.
Enforceability. If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.
Entire Agreement. This Agreement (including the applicable terms of any license which are incorporated into this Agreement) constitutes the entire agreement between you and Shae Estella Photo pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous communications, written or oral. There are no warranties, conditions or representations and there are no agreements in connection with such subject matter except as specifically set forth or referred to in this Agreement. Any terms, conditions, representations or warranties included in any correspondence, communication, requisition or purchase order from you or any other party that conflict with this Agreement are not applicable to the subject matter of this Agreement.
Assignment. This Agreement may not be assigned or transferred in whole or in part by you without the prior written consent of Shae Estella Photo.
Contact Information. Please direct any questions about this Agreement, Shae Estella Photo, the Website or Products to email@example.com.