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Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Marta Hurtado Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at martahurtado.com, or any related domains or subdomains (the “Site”). 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 Marta Hurtado Photography, part of graphility Ltd., doing business as Marta Hurtado Photography.
“Products” referred to by these Terms include but are not limited to: contract forms, 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 Marta Hurtado Photography. All such Products are the intellectual property of and are owned by Marta Hurtado Photography.
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 Marta Hurtado Photography’ 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.
Marta Hurtado Photography is a resource through which you may obtain portrait photography services, videography services, personal and/or business mentoring.
Marta Hurtado Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: https://www.martahurtado.com/privacy-policy which is incorporated herein by reference.
Marta Hurtado Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Marta Hurtado 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. Marta Hurtado Photography is the sole manager of such information collected on the Site. Marta Hurtado Photography will use such information to respond to you as necessary. You grant Marta Hurtado 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.
Links on the Site may be affiliate links controlled by parties other than Marta Hurtado Photography to help support the maintenance of the Site. Marta Hurtado 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 Marta Hurtado Photography from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.
Marta Hurtado 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 Marta Hurtado Photography’ services, and; (d) any other intellectual property rights afforded to Marta Hurtado Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Marta Hurtado 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 Marta Hurtado Photography’ Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Marta Hurtado 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, Marta Hurtado Photography 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”).
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Marta Hurtado 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 Marta Hurtado Photography will not reimburse you for such downloads. Marta Hurtado Photography will, one time, at your request, send a 7 days 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 Marta Hurtado Photography.
By using the Site and entering personal information, you give Marta Hurtado 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 Marta Hurtado Photography know by emailing us at martahurtado@graphility.com and we will kindly refrain from doing so.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. Marta Hurtado Photography OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY DIGITAL FILES, PRINTED MATERIALS, 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. Marta Hurtado Photography MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
EXCEPT AS PROHIBITED BY LAW, Marta Hurtado Photography 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 Marta Hurtado Photography, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
These Terms shall be construed in accordance with, and governed in all respects by, the laws of Belgium. 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 Brussels, Belgium. Marta Hurtado Photography 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 Marta Hurtado Photography’ Products, Materials and services.
Any questions regarding the above Terms may be directed to:
martahurtado@graphility.com
All rights reserved © Copyright 2018 Marta Hurtado Photography