Terms of Use

Please read these Terms of Use (“Terms of Use”) prior to using this website.  These Terms of Use contribute a binding agreement (“Agreement”) between you (“user”) and Cristina Photography, or any related domains or subdomains (“the company”, “the Site”) respecting user’s access to and usage of the website and any service made by the company.  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Cristina Arce Photography, doing business as Cristina Photography.  “Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, prints, digital downloads, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Cristina Photography.  All such Products are the intellectual property of and are owned by Cristina Arce and Cristina Photography.

By visiting, accessing, browsing, using the website, or purchasing any Product, user agrees and consents to be bound by these Terms of Use.  User’s consent to be bound by these terms of service shall have the same legal effect and import as if user had personally signed an original written version of these terms of use.  User agrees to be bound by these terms of use each and every time user access or uses the website or access the company’s service.  User acknowledges that company may in its discretion, with or without notice to users, change these terms of use at any time or from time to time.  For any reason, any such changes will become effective upon posting such changes in the terms of use section of the website.  It is important for you to visit this page periodically to review this agreement.  If you do not agree to such terms, please do not visit, access, browse or otherwise use the website or access any company’s service. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Cristina Photography’s Products immediately. Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

What we do?

Cristina Photography is a resource through which you may obtain portrait photography services, product photography services, mentoring, coaching, graphic design templates for photographers, fine art prints, photographic prints, and educational resources regarding our services.

Privacy Policy

Cristina Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available, which is incorporated herein by reference. Cristina Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Cristina Photography will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  Cristina Photography is the sole manager of such information collected on the Site.  Cristina Photography will use such information to respond to you as necessary.  You grant Cristina Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

Affiliate Links

Links on the Site may be affiliate links controlled by parties other than Cristina Photography to help support the maintenance of the Site.  Cristina Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site 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 Cristina Photography from any loss or damage incurred from dealing with such affiliate.

Stock Photography

Stock photography may be used on the Site, all images are being used under license through the company providing the stock images.

Intellectual Property License

All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of Cristina Photography or its third-party licensors to the full extent provided under the Canadian Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Cristina Photography or any third party.

Cristina Photography owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Cristina Photography’s services, and; (d) any other intellectual property rights afforded to Cristina Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Cristina Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Cristina Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Cristina Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Cristina Photography grants you a non-exclusive, non-transferable license to download, view, copy and print the digital prints, wall portraits, folio box, graphic design/marketing templates you purchase solely for your personal 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 Canadian Copyright Act, 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 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 template forms and other Products consistent with Permitted Use 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.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Cristina Photography is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Cristina Photography will not reimburse you for such downloads.  Cristina Photography will, at your request, apply a one-time only $25 re-download fee if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Cristina Photography.

The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Cristina Photography or its lawful successors and assigns.

For usage permission, please contact us via e-mail.

Contact

By using the Site and entering personal information, you give Cristina Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Cristina Photography know by emailing us and we will kindly refrain from doing so.

Comments and unsolicited submissions

We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted to the Website or sent to us, whether through the Website, e-mail, mail or by other means, shall be and remain the exclusive property of Cristina Photography. Your submission of any such Comments shall constitute an irrevocable assignment to Cristina Photography of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Cristina Photography (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission.

Return/Refund Policy

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final.

No Warranties

Products are provided “as is”.  Cristina 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.  Cristina Photography makes no warranty that the Site, Products or materials will be accurate reliable in all instances.

Limitation of Liability and Indemnification

Except as prohibited by law, Cristina Photography shall not be liable to you (“the user”) or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, 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 relates expenses of litigation and arbitration.  Except as prohibited as law, to the extent there is liability found as to Cristina Photography, such recovery is limited to the amount you paid for materials, products, and services.