YOUR ACCEPTANCE OF THESE TERMS OF PURCHASE
These Terms of Purchase apply to all purchasers of this Site. By purchasing on this Site, you are agreeing to comply with and be bound by these Terms of Purchase. If you do not agree to these Terms, do not purchase from this Site.
YOUR OBLIGATIONS
In consideration of your purchase from this Site, you will abide by all terms of purchase, site and privacy policy requirements. Further, you agree that to the extent you provide personal information to Dmitry Usanin Photography it will be true, accurate, current, and complete and that you will update all personal information as necessary.
LICENSE OF USE
So long as you comply with this Terms of Purchase, Dmitry Usanin Photography grants you a non-exclusive, non-transferable license to download, view, edit, copy and print 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, 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, 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; and (4) do not modify the Products in any way beyond edits and completions necessary to complete templates and other Products consistent with Permitted Use provided by these Terms. Final products using templates and/or processing may be shared in their final version.
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.
Violation so this License will result in immediate ejection from the community, denial of access to all purchases and all monies paid will be forfeited without refund. Meg Bitton Live may, at its discretion, pursue all legal remedies available for violations.
ACCOUNT ACCESS & REQUIREMENTS
All purchases will be made available to the Purchaser through a unique access account on YouTube.com. Sharing of any account logins 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 individual include owner of the photography company and authorized agents.
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 unique log-in account to YouTube.com
SUBSCRIPTION PRODUCTS
Subscription products are delivered via email on a monthly calendar basis from the initial subscription purchase. Products are delivered to the purchase email address provided and are downloadable in nature.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. DMITRY USANIN PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MEG BITTON PRODUCTIONS MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES. LIMITATION OF LIABILITY AND INDEMNIFICATION EXCEPT AS PROHIBITED BY LAW, MEG BITTON PRODUCTIONS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTALDAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THEREIS LIABILITY FOUND AS TO MEG BITTON PRODUCTIONS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
INDEMNITY
You agree to indemnify, defend and hold harmless Dmitry Usanin Photography 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 of Purchase and/or arising from a breach of these Terms of Purchase 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.
SEVERABILITY
If any provision of these Terms Of Purchase 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 Of Purchase will remain in full force and effect.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms Of Purchase will be governed under the laws of the State of Washington without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms Of Purchase will be venued exclusively in state or federal court in the City of Seattle. 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 Of Purchase is taking place or originating. If either party to this agreement brings a legal action against the other party to these Terms t to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will 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.
THESE TERMS OF PURCHASE MAY CHANGE
These Terms Of Purchase are current as of the effective date set forth above. Dmitry Usanin Photography reserves the right to change these Terms Of Purchase 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 Of Purchase constitutes your agreement to be bound by the revised Terms Of Purchase. If at any time you choose not to accept these Terms Of Purchase, you should not use this Site.
ENTIRE AGREEMENT
These Terms Of Purchase (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Meg Bitton Productions with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Dmitry Usanin Photography with respect to this Site and your use of this Site.
QUESTIONS
If you have any questions about this Site or these Terms of Purchase, please contact us using the following information: via email at DMITRYUSANINPHOTOGRAPHY@GMAIL.COM
