Digital Product Terms and Conditions
Effective date: January 1, 2021
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Gina Yeo Photography (“Company,” “we,” or “us”).
The Company agrees to provide you with an online digital product (“Product”). As a condition of purchasing the Product, you agree to be bound by and abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The following policy applies to the digital product(s):
The Successful Landscape Photographer Mini-Guide Collection
- The Super Simple Exposure Guide For Successful Landscape Photography
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company agrees only to provide the Client with the Product, which provides education and information. The information contained in the Product, including any interactions with the Company, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of access to the Product, you agree to pay the listed price immediately upon purchase.
The Company wants you to be happy with your purchase. Should the Product not meet your satisfaction, you may request your money back. To request a refund, please:
- Send an email to [email protected] with the email subject line: Refund Request.
- Please include your date of purchase and item(s) of purchase.
- Refunds will be offered for 30-days from the time of purchase and will be processed in the same manner payment was received.
- Please allow some time for the payment processor to grant the refund. The Company does not have control over the refunded payment timeline process.
Your access to The Product will be terminated in such case of a refund.
Ownership Of All Intellectual Property
All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the Product are their respective owners' trademarks.
Your access to the Product does not result in a transfer of any intellectual property to You, and, as a condition of access to the Product, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product.
The Company content is not for resale. Your access to the Product does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and make no other use of the content without the Company's express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the Company's intellectual property or our licensors except as expressly authorized herein.
The Company respects the privacy of its clients and will not disclose any information. You provide except as set forth in this Agreement. As a condition of accessing the Product, you hereby agree to respect the Company’s confidential information.
The content of the Product contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Product with anyone other than the Company, its owners and employees.
By accessing the Product, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Product or not. The Company provides educational and informational resources that are intended to help You succeed. You nevertheless recognize that your ultimate success or failure will result from your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Product are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer due to the use, or non-use, of the information available in the Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Product.
The Company makes no warranties regarding the Product's performance or operation, including any technological aspects. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Product. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur due to the use of the Product and/or any information and resources contained in the Product. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for the use of the Product.
The information, software, products, and service included or available through the Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Product. The Company and/or its suppliers may make improvements and/or changes in the Product at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Product, with the delay or inability to use the Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some Provinces or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Product or any portion of it, your sole and exclusive remedy are to discontinue using the Product.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Product.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Calgary, Alberta, Canada, at your own expense. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Product and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with the Company in asserting any available defences.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly outlined in writing and signed by the Party so waiving. Except as otherwise outlined in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to person upon the date that You purchases the Product.
If you have any questions, concerns or complaints about this Digital Product Terms and Conditions, please contact us:
- By email: [email protected]