Please read these Terms of Use (“Terms”) carefully as these Terms constitute a legal agreement between you (“you” or “your”) and JD The Camera Guy LLC (“we”,“us”, "I", or “our”), which governs your purchase and use of our Adobe© Lightroom© Mobile Presets (“Presets”) other products and your use of our website (“Site”).
When you purchase our products, or download one or more of our free products (“Freebies”) you expressly acknowledge that you have read these Terms and you agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to purchase our Presets.
COPYRIGHT & INTELLECTUAL PROPERTY
Our products are protected under US copyright law and we remain the sole owner of all right, title, and interest in the products. Except as expressly provided in these Terms, we do not grant you any right to copyrights, trade secrets, trademarks, or any other rights in respect to the products. All trademarks, logos, and service marks (“Marks”) displayed on our Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third parties to whom the Marks belong to. We reserve all rights not granted under these Terms.
LICENSE
You acknowledge and agree that by your purchase of our products or download of our Freebies, the ownership of the products is NOT transferred to you. Rather, when you purchase our products or download our Freebies, we grant you a limited, non-exclusive, and non-transferrable license to download, install, and use the products for your personal and professional use, consistent with these Terms. Your license does not grant you any title or ownership in our products, nor is it considered a sale of any rights to our products. To avoid any confusion, you are only granted a license to use our products, in accordance with these Terms.
PERMITTED USE
The license we grant you allows you to do the following: (a) use the products for personal use and (b) use the products to edit your professional photography for clients and for other professional work.
PROHIBITED USE
Regardless of whether you purchased a product or downloaded a Freebie, you are strictly prohibited from: (a) modifying, adapting, making derivative works of, or reverse engineering the products; (b) licensing, sub-licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, copying onto any public network, or otherwise commercially exploiting the products; and (c) purchasing or accessing the products with the intent to build similar or competitive presets. We take the use of our products very seriously. If, in our sole discretion, we have reason to believe that you have violated these Terms, you agree to relinquish your license, cease all use of the products, and destroy all copies of the products. Further, we will use all available remedies at law to prevent additional prohibited use and remedy past prohibited use.
FEES AND PAYMENT
You can pay for our products on our Site via credit card or any other payment type.
RETURN POLICY
I stand behind my products and with my customers! These products are my humble works of art. I want you to be satisfied with the outcome. Because of this I have a 60 day satisfaction guarantee. If the outcome is not what you expected, please reach out to me and we will work together to find a solution so you can achieve the best possible results!
I'm incredibly responsive and take great care of our customers. Please feel free to get in touch via email at contact@jdthecameraguy.com with any questions or concerns and I'll be happy to help :)
SOFTWARE REQUIREMENTS
In order to use the products, you will need to download the Adobe Lightroom Mobile App or other adobe products. Only use original and licensed versions of Adobe software and applications.
PRIVACY POLICY
We value your privacy. For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at …
INDEMNIFICATION OBLIGATION
You agree to indemnify, defend and hold harmless JD The Camera Guy LLC and our subsidiaries, partners, officers, directs, agents, suppliers, and employees, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
DISCLAIMER OF WARRANTIES.
Our products are provided “AS IS” without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. In addition, we do not warranty that the products or results of the use thereof will meet your or any other person’s requirements or achieve any intended result.
LIMITATION OF LIABILITY.
We are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any consequential, incidental, indirect, exemplary, special, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the products. Notwithstanding the foregoing, our total liability in any matter arising out of or related to the Terms is limited to US $50.00 or the aggregate amount that you paid for the Presets during the month preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
STIPULATED LIQUIDATED DAMAGES FOR YOUR BREACH OF THESE TERMS.
You expressly acknowledge, understand, and agree that we rely upon your strict adherence to these Terms (specifically Sections 2 through 4 which govern the terms of the limited license you are granted and your use of the products), and but for your strict adherence these Terms, we would not otherwise sell you the products. You further acknowledge, understand, and agree that your failure to adhere to these Terms would cause us to incur significant damages and costs, which would be impossible or very difficult to accurately estimate and that the Liquidated Damages (defined below) are a reasonable estimate of the anticipated or actual harm that would arise or be suffered by us as a result of your breach of these Terms. Therefore, if you breach these Terms, you agree to pay to us a Four-Thousand Five Hundred ($4,500.00) lump-sum payment in certified funds for each breach (“Liquidated Damages”). By way of example, if you copy or create derivatives of our products and sell the copies or derivatives to third parties, each sale will be treated as a breach of these Terms. You further acknowledge and agree that the Liquidated Damages: (i) are reasonable; (ii) constitute reasonable compensation to us; (iii) will not be construed as a penalty provision; and (iv) are of an amount that you will not argue that they are to be construed as a penalty. Finally, you agree that your payment of the Liquidated Damages does not limit our ability to seek other remedies against you, such as a temporary restraining order, due to your breach of these Terms.
GOVERNING LAW; VENUE AND JURISDICTION.
By visiting our Site or purchasing our products, you agree to the following: (i) that the laws of the State of Idaho, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and JD The Cameraguy LLC or any of our affiliates; (ii) you consent to the jurisdiction and venue of the Fourth District Court of Idaho, County of Ada, and irrevocably agree that all actions or proceedings arising out of this Agreement shall be litigated in such courts; and (iii) and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Idaho.
ATTORNEY'S FEES AND COSTS.
In the event either party to this Agreement is required to, or does, maintain or defend any claim or cause of action against the other arising out of or relating to this Agreement, then the prevailing party in any such action or arbitration shall be entitled to recover from the other party all reasonable attorney's fees incurred, including attorney's fees on appeal, in addition to reasonable costs and expenses, including but not limited to pre-litigation fees and expenses.
MISCELLANEOUS.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by the express language contained herein. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of the Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by JD The Camera Guy LLC to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that other than affiliates or subsidiaries of JD The Camera Guy LLC, there are no intended third-party beneficiaries of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.