TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

EFFECTIVE DATE MARCH 27TH, 2016

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the Seasalt & Co. (defined below), which governs your use of Products (defined below) obtained by purchase through this website at http://www.seasalt-co.com, or any related domains or sub-domains (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 Seasalt & Co. “Products” referred to by these Terms include but are not limited to: Photoshop Tools, 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 Seasalt & Co. All such Products are the intellectual property of and are owned by Seasalt & Co.. 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 Seasalt & Co.’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.

YOU MAY:

1) Use the purchased templates and /or products with your own images and sell to your clients in the form of a flattened JPG or PNG where the client has no way of altering or editing the final product.

2) Use our products to promote your photography or small business as long as the products are flattened and non-editable or in a printed product.

3) Show examples of our products and templates with your own images, that are flattened and non-editable, in online galleries, forums or discussion groups. Credit is always welcomed but not required.

4) Your employee’s may use these templates and product for the purpose of your business as long as the do not make personal copies.

YOU MAY NOT:

1) Sell/Redistribute/Share/Request our templates or products in anyway (sharing, loaning or pirating). This includes both fee based and free products.

2) Claim them as your own design (altered or unaltered)

3) Upload our templates to any webpage for download and/or send them through Google, Yahoo,“list” groups or email.

4) Use our products for scrap for hire and/or commercial use.

5) Use our templates, products or images on our website inappropriately. This includes any site containing or promoting child abuse, pornographic material, racism, drugs or any illegal activity.

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by competitors, dealers, resellers or distributors.

RIGHT TO CHANGE SITES

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

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

Seasalt & Co. 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 Seasalt & Co.’s services, and; (d) any other intellectual property rights afforded to Seasalt & Co., either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Seasalt & Co. 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 Seasalt & Co.’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Seasalt & Co. 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, Seasalt & Co. grants you a non-exclusive, non-transferable license to download, view, copy and print the 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 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. Seasalt & Co. 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 Seasalt & Co. will not reimburse you for such downloads.

CONTACT

By using the Site and entering personal information, you give Seasalt & Co. 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 Seasalt & Co. know by emailing us at INFO@SEASALT-CO.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.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. SEASALT & CO. OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PRODUCTS, 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. SEASALT & CO. 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, SEASALT & CO. 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 SEASALT CO., 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 FLORIDA. SEASALT & CO. 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 SEASALT & CO’s Products, Materials and services.
Any questions regarding the above Terms may be directed to: INFO@SEASALT-CO.COM

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