TERMS OF SITE
This webpage outlines the terms (“Terms”) for your use (“user”) of Greg Petersen DBA
YOUR ACCEPTANCE AND OBLIGATIONS OF TERMS
Further, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary.
PURCHASE OF PRODUCTS
- REFUNDS - All purchases are non-refundable. There are no refunds for any products purchased on or through our Site and we are not obligated to offer a refund or credit. In the event that the G-Presets suspends or terminates your user account for your breach of these Terms, or any part thereof, you understand and agree that all access to products will be revoked and no refund or exchange will be given.
- ACCOUNT ACCESS & SECURITY – All purchases will be made available to the Purchaser through redirect after purchase and an email sent to the User identified email address.
- Sharing of any account logins, download emails or providing of access to un-authorized individuals will result in suspension of account, revocation of access and all monies will be forfeited with no refunds available. Authorized individuals include owner(s) of the photography company and authorized agents.
- Any videos hosted within the account shall not be downloaded, screen-recorded or otherwise captured in any format. Videos are only to be access by your individual access to GPresets.com
- The Site reserves the right to terminate without prior notice, and in its sole discretion and judgment, any user whose material or activity on the Site has infringed the rights of others under civil or criminal law or whose material or activity may result in civil or criminal activity to the Site.
- The Site will comply with all subpoenas and court orders that appear to be lawful and valid, including subpoenas and court orders requesting information about use of the Site, without prior notice to the user. The Site reserves the right to report activity that it believes to be potentially criminal to an appropriate law enforcement agency.
- The user understands and agrees that temporary interruptions of the Site may occur as normal events that are out of the Site’s control. User also acknowledges and agrees that the Site has no control over the third-party networks or service(s) that may be used to provide content to the user. User agrees that the content available on this Site are provided “AS IS” and that the Site assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- PRODUCT INSTALLATION – The products are delivered in a compressed file (“zipped”) format. Upon uncompressing the file, the User will initiate a script to aid in the installation of products into the appropriate editing software. G-Presets does not warrant the installation process or compatibility of products to User’s software and computer specifications. G-Presets’ product purchases do not include the processing software required for use of the products.
- LICENSE OF USE - So long as you comply with these Terms, the Site grants you a non-exclusive, non-transferable license to download, view, edit, copy and use the Products you purchase solely for your individual use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:
(1) abide by all copyright protections afforded to the Products and associated intellectual property, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products and associated intellectual property, both as formally registered with the U.S. Patent and Trademark office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms;
Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of the Products.
AFFILIATE LINKS & SPONSORED CONTENT
Links on the Sites may contain affiliate links controlled by third-parties other than the Site to help support the maintenance of the Sites. An affiliate link is a specific URL that contains the affiliate's ID or username which records the traffic through use of the link. The Site does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release The Site from any loss or damage incurred from dealing with such affiliate.
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- OTHER POLICIES
- Intellectual Property Infringement Policy - The Site takes seriously any and all allegations of intellectual property infringement. You understand that by using the Site, you affirm that all intellectual property submitted to the Site is your intellectual property or you possess the proper authorization and rights to submit the intellectual property for use by the Site. Please view our Intellectual Property Infringement Policy Here.
- SEVERABILITY - If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
- WAIVER - Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
- GOVERNING LAW, JURISDICTION AND VENUE - These Terms will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be venued exclusively in state or federal court in Stanislaus County, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating. If the Site brings a legal action against the other party to these Terms to secure the specific performance of the Terms, collect damages for breach of these Terms, or otherwise enforce or interpret these Terms, the Site shall be entitled to recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
- INDEMNITY - You agree to indemnify, defend and hold harmless the Site harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of products in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.
- TERMS MAY CHANGE - These Terms are current as of the modification date set within. The Site reserves the right to change these Terms from time to time consistent with applicable laws and principles. these changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms constitutes your Terms to be bound by the revised Terms. If at any time you choose not to accept these Terms, you should not use the Site.
- ASSIGNMENT - This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
- FORCE MAJEURE. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- CONSTRUCTION. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
The term “Products” refers to all of intellectual property to be delivered by purchased access to the purchaser. Products include, but are not limited to, actions, presets and associated installers.
The terms “Greg Petersen,” “G-Presets”, “the Site,” “we,” “us,” and “our” refer to Greg Petersen DBA G-Presets, on which these Terms are posted.
The term “including” means “including, but not limited to.”
If you have any questions about this Site or these Terms, please contact us using the following information: via email at firstname.lastname@example.org
This Agreement was last modified on January 5, 2018.