IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Tatiana Smolin), which governs your use of Products (defined below) obtained by purchase through this website at evetaverne.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, “client” and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Tatiana Smolin.
“Products” referred to by these Terms include but are not limited to: images, templates, communications, workshops, 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 Tatiana Smolin. All such Products are the intellectual property of and are owned by Tatiana Smolin.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Tatiana Smolin 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.
INTELLECTUAL PROPERTY LICENSE
Tatiana Smolin 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 Tatiana Smolin’s services, and; (d) any other intellectual property rights afforded to Tatiana Smolin, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Tatiana Smolin 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 Tatiana Smolin’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Tatiana Smolin 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, Tatiana Smolin grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Products 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 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 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. Tatiana Smolin 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 Tatiana Smolin will not reimburse you for such downloads. Tatiana Smolin will, one time, at your request, send a 24-hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Tatiana Smolin.
CONTACT
By using the Site and entering personal information, you give Tatiana Smolin 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 Tatiana Smolin know by emailing us at hello@tatismolin.com and we will kindly refrain from doing so.
RETURN/REFUND POLICY
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
TIMELINESS/ATTENDANCE
Client should arrive to photoshoot, on time and ready to shoot.
Timeliness is imperative for the smooth execution of each session. Additional time will not be added to a session, in the event of tardiness.
A grace period of up to 15 minutes will be given for each session. After 15 minutes, clients will incur a charge based on rate $150/hour. After 30 minutes, session will be cancelled, and client will forfeit payment for the session.
CANCELLATIONS/RESCHEDULING
In the event a reschedule is necessary due to inclement weather, illness, personal or family emergency, the new session date will be scheduled as soon as possible. If new date is not scheduled within 3 months from the date of purchase, Client session fee will be lost.
If we are unable to perform required Work on the day of the session/event, due to illness, personal or family emergency, a full refund of session payment will be provided to Client within 5 days of scheduled event. Client agrees to indemnify Consultant for any loss, damage or liability.
PRINTS & PRODUCTS
Clients will receive a digital gallery of edited images within 2 weeks of the session date. Galleries will automatically expire after 14 days.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. TATIANA SMOLIN 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. TATIANA SMOLIN MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, TATIANA SMOLIN SHALL NOT BE LIABLE TO YOU 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 RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO TATIANA SMOLIN, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW/VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of CA. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of San Diego, CA. Tatiana Smolin reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Tatiana Smolin’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
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