TERMS OF SERVICE & USE
When you purchase our Presets, or download one or more of our free Presets (“Freebies”) you expressly acknowledge that you have read these Terms and you agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to purchase our Presets.
COPYRIGHT & INTELLECTUAL PROPERTY
Our Presets are protected under US copyright law and we remain the sole owner of all right, title, and interest in the Presets. Except as expressly provided in these Terms, we do not grant you any right to copyrights, trade secrets, trademarks, or any other rights in respect to the Presets. All trademarks, logos, and service marks (“Marks”) displayed on our Site and our Etsy page are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third parties to whom the Marks belong to. We reserve all rights not granted under these Terms.
You acknowledge and agree that by your purchase of our Presets or download of our Freebies, the ownership of the Presets is NOT transferred to you. Rather, when you purchase our Presets or download our Freebies, we grant you a limited, non-exclusive, and non-transferrable license to download, install, and use the Presets for your personal and professional use, consistent with these Terms. Your license does not grant you any title or ownership in our Presets, nor is it considered a sale of any rights to our Presets. To avoid any confusion, you are only granted a license to use our Presets, in accordance with these Terms.
The license we grant you allows you to do the following: (a) use the Presets for personal use and (b) use the Presets to edit your professional photography for clients and for other professional work.
Regardless of whether you purchased a Preset or downloaded a Freebie, you are strictly prohibited from: (a) modifying, adapting, making derivative works of, or reverse engineering the Presets; (b) licensing, sub-licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, copying onto any public network, or otherwise commercially exploiting the Presets; and (c) purchasing or accessing the Presets with the intent to build similar or competitive presets. We take the use of our Presets very seriously. If, in our sole discretion, we have reason to believe that you have violated these Terms, you agree to relinquish your license, cease all use of the Presets, and destroy all copies of the Presets. Further, we will use all available remedies at law to prevent additional prohibited use and remedy past prohibited use.
FEES AND PAYMENT
You can pay for our Presets on our Site via credit card.
You expressly acknowledge that all Presets are non-refundable, non-exchangeable, and not returnable, under any circumstances. If you are having difficulties with the Presets, please visit http://www.louandmarks.com/faq or contact us via email at Louandmarks@gmail.com.
In order to use the Presets, you will need to download the Adobe Lightroom Mobile App for Mobile Presets. Adobe Lightroom Desktop for Desktop Presets and Photoshop Desktop for Photoshop Products. Only use original and licensed versions of Adobe software and applications.
You agree to indemnify, defend and hold harmless Lou and Marks LLC and our subsidiaries, partners, officers, directs, agents, suppliers, and employees, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
DISCLAIMER OF WARRANTIES
Our Presets are provided “AS IS” without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. In addition, we do not warranty that the Presets or results of the use thereof will meet your or any other person’s requirements or achieve any intended result.
LIMITATION OF LIABILITY
We are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any consequential, incidental, indirect, exemplary, special, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Presets. Notwithstanding the foregoing, our total liability in any matter arising out of or related to the Terms is limited to US $50.00 or the aggregate amount that you paid for the Presets during the month preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss
GOVERNING LAW; VENUE & JURISDICTION
By visiting our Site or purchasing our Presets, you agree that the laws of the State of Idaho, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and Lou and Marks LLC or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Idaho, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Idaho.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LOU AND MARKS LLC WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL MEDIATOR OR ARBITRATOR AND NOT A JUDGE OR JURY.
Submission to Binding Arbitration. Any claim or controversy arising out of or relating to your use of our Site, the purchase of our Presets, these Terms, or to any acts or omissions for which you may contend Lou and Marks LLC is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be settled as follows. If a Dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation before resorting to arbitration. The parties further agree that any unresolved dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by a single arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Idaho and shall be conducted in Ada County, Idaho. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Should no AAA rule regarding Idaho selection of an arbitrator be in effect, the you shall select an arbitrator from a panel of arbitrators acceptable to Lou and Marks LLC. To begin the arbitration process, a party must make a written demand therefore.
Binding Effect. Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Boise, Idaho. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using our Site or purchasing our Presets, you consent to these restrictions
Alternate Venue; Attorney Fees. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state or federal courts sitting in Boise, Idaho. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by the express language contained herein. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of the Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by Lou and Marks LLC to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that other than affiliates or subsidiaries of Lou and Marks LLC, there are no intended third-party beneficiaries of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
You can contact Lou & Marks for any reason at any time.
Lou & Marks / Sara Lou
Email: Louandmarks [@] gmail.com