TERMS OF SERVICE
TERMS OF USING THE WEBSITE
We provide certain digital items for purchase, download, and use, including but not limited to fonts, images, and audiovisual materials (referred to as “Products”) to the User. We also provide educational audio-visual materials (herein referred to as the “Courses”). The User agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase of the Products and participation in the Course.
Payment is due in full at the time of purchase. We retain the right to suspend access to any Products or Course(s) if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Course will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to firstname.lastname@example.org.
User agrees to pay interest on all past-due sums at a rate of 1% per month or the highest rate allowed by law, whichever is greater.
Due to the nature of web-based content, Product purchases are non-refundable.
This Website and the Products and Courses sold on the Website are intended for adults only. No user under the age of 18 may access or use the Website without express permission from their parent or guardian.
The Course is developed strictly for educational purposes ONLY. Course education, information, and videos do not purport to be, nor should they be construed as, specific advice tailored to any individual. Rebecca Leigh Studio assumes no responsibility for errors or omissions that may appear in any Course materials.
Any testimonials or endorsements by our customers or audience represented on our Courses, Websites, content, landing pages, sales pages or offerings have not been scientifically evaluated, and the results experienced by individuals may vary significantly.
Furthermore, We do not represent and warrant that the Course will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the service or associated downloads are free from viruses or harmful components. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
User understands that the Parties’ contractual relationship ends upon the conclusion of the Course.
Rebecca Leigh Studio respects User’s privacy and insists that the User respects Rebecca Leigh Studio’s confidentiality (herein referred to as “Participants”). Any confidential information any representative of Rebecca Leigh Studio is proprietary, and belongs solely and exclusively to Rebecca Leigh Photography. The User shall not disclose, reveal, usurp, or make use of any confidential information, transactions, discussions, or disclosures made during or related to the Course, and shall not use such information in any manner other than in discussion with other Users. This covenant shall not extend to or include information rightfully obtained from a third party.
User shall not disclose, harvest, or disseminate the names, email addresses, Rebecca Leigh Studio titles or positions, phone numbers or addresses of other Users. The User shall not engage in data mining, scraping, crawling, email harvesting, or using the Course to compile a collection of listings, including a competing listing product or service. You may not use contact information received during the Course, nor any Materials for any unsolicited commercial e-mail.
Furthermore, User agrees that if he or she violates or displays the likelihood of violating this section of the Terms, Rebecca Leigh Studio may terminate the User’s use of the Course with no refund.
Rebecca Leigh Studio’s Course is copyright to Rebecca Leigh Studio alone. The Products and/ or the Course are original materials that have been provided under a single-user license for User’s individual use only. User is not authorized to use any of Rebecca Leigh Studio’s intellectual property for any purposes. All intellectual property, including Rebecca Leigh Studio’s copyrighted Products, audio, audiovisuals, worksheets, and/or Course materials, shall remain the sole property of Rebecca Leigh Studio. User may not license, sell, or otherwise distribute the Products or the Course.
By purchasing Products, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to Rebecca Leigh Studio or other Users. Any information shared by Rebecca Leigh Studio is confidential and proprietary, and belongs solely and exclusively to Rebecca Leigh Studio. The User shall not disclose such information to any other person or use it in any manner.
Furthermore, by using any other interactive area of the Course and placing any information in any of those areas, the User grants to Rebecca Leigh Studio a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from purchase of the Products or participation in the Course. User shall indemnify and hold harmless Rebecca Leigh Studio, its officers, employees, directors, partners, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, and the Consultant, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from purchase of the Products or participation in the Courses, excluding any such expenses and liabilities which may result from willful misconduct by Rebecca Leigh Studio, or any of its directors or employees. User shall hold all of Rebecca Leigh Studio’s shareholders, partners, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, employees, and successors, personally harmless for any actions or representations of Rebecca Leigh Studio.
User shall defend Rebecca Leigh Studio and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – arising out of or resulting from his or her use of the Products or participation in the Course(s).
User shall hold Rebecca Leigh Studio harmless from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements for damages of any kind resulting or arising from use or misuse of Rebecca Leigh Studio’s Products or information from the Course, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages.
Rebecca Leigh Studio is committed to providing all Users with a positive experience. By purchasing the Products, User agrees that in the following circumstances, Rebecca Leigh Studio may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s participation in the Course without refund if the User:
(1) becomes disruptive to Rebecca Leigh Studio or other Users;
(2) impairs the participation of the other Users in the Course;
(3) misuses intellectual property licenses or violates confidentiality; or
(4) the User violates these terms as determined solely by Rebecca Leigh Studio.
Upon termination for any of the above reasons, User will be liable to pay the total cost of the Product or Course with no refunds issued.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Ellicott City, Maryland. All claims against Rebecca Leigh Studio must be lodged within 100-days of the date of the completion of the Course. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to the jurisdiction named herein for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted email with confirmation of receipt.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement. Rebecca Leigh Studio may modify terms of this agreement at any time. All modifications shall be posted on Rebecca Leigh Studio’s Website, and current Users shall be notified via email. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, the performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
Rebecca Leigh Studio values others’ intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Website;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website is Caroline J. Fox, Esq., who can be reached as follows:
Caroline J. Fox, Esq.
CJFox Law, PLLC
2920 W Broad Street
Richmond, Virginia 23230