AGREEMENT BETWEEN USER AND RETOUCHINGACADEMYLAB.COM
Welcome to RetouchingAcademyLab.com!
The retouchingacademylab.com website (the “Site”) is a secondary Retouching Academy website comprised of various web pages operated by Queenscliff Global LLC to distribute and host the RA Panels, a Retouching Academy software product. Retouchingacademylab.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Retouchingacademylab.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Your usage of any service, tool, or function of this Site, or offered through this Site, including any purchase of a product or service, or viewing the content of any webpage, or the downloading of any file of any nature, such as all action sets, plugins, panels, eBooks, podcasts and books purchased or otherwise obtained from this Website (including but not limited to textures within action sets, third party software plugin recipes, panels, information, graphics, data, images or other materials, products, and services provided by and through the Website) (“Products” and/or “Services”) is your express indication to us that you agree to be bound by each and every term of the then current version of these Terms and Conditions.
Retouchingacademylab.com is an E-commerce Site for the purpose of sales of photo retouching and photography related eBooks, study guides, Photoshop Actions and extensions, educational video courses, plugins created by us and our affiliates.
Visiting Retouchingacademylab.com or sending emails to Queenscliff Global LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password, if and when we make the provision for the same and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Queenscliff Global LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Queenscliff Global LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Queenscliff Global LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Retouchingacademylab.com only with permission of a parent or guardian.
NOTICE OF RIGHTS
The Website and its original content, tools, services and features and products are owned by Queenscliff Global LLC and protected under International and Federal Copyright Laws. Any unauthorized distribution, sharing, reprinting, reproduction or other use of this material is prohibited and the violators will be prosecuted.
No part of the website content, our actions, plugins, ebooks, books or our other Products shall be redistributed, reproduced, transmitted or sold in whole or in part in any form, electronic or mechanical by current technology or invented in the future without express written permission from the owner, Queenscliff Global LLC.
All trademarks and registered trademarks appearing in our guides, ebooks, books, articles, blog posts and tutorials are the property of their respective owners. By reading our guides, ebooks, books, articles, blog posts and tutorials you agree that we are not responsible for the successful or unsuccessful implementation of any newfound knowledge and skills you choose to use in your retouching or photography as a result of any information presented in these guides.
LINKS TO THIRD PARTY SITES / THIRD PARTY SERVICES
Retouchingacademylab.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Queenscliff Global LLC and Queenscliff Global LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Queenscliff Global LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Queenscliff Global LLC of the site or any association with its operators.
Certain services made available via Retouchingacademylab.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Retouchingacademylab.com domain, you hereby acknowledge and consent that Queenscliff Global LLC may share such information and data with any third party with whom Queenscliff Global LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Retouchingacademylab.com users and customers.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Queenscliff Global LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Queenscliff Global LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Queenscliff Global LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Queenscliff Global LLC or our licensors except as expressly authorized by these Terms. Use is at your own sole risk.
We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our Site, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our Site, and related tools, services and functions. We are not responsible for any loss, injury or damage of any nature that takes place due to your following of any Photoshop related or other educational or informative instructions you are exposed to via our Site or service.
The information contained in our guides, ebooks, books, articles, blog posts and tutorials is for informational purposes only. Any advice that we give is our opinion based on our own personal and professional experiences. There is no one rule for everyone in photography or retouching, so please take all the knowledge we offer, try the ideas you like, and implement what works best for you into your own workflow.
The material in our guides, ebooks, books, articles, blog posts and tutorials may include information, products or services provided by third parties. Third Party Materials comprise of the products and opinions expressed by their owners. As such, we do not assume responsibility or liability for any Third Party Material or opinions. The publication of such Third Party Materials does not constitute our guarantee of any information, instruction, opinion, products or services contained within the Third Party Material. The use of recommended Third Party Material does not guarantee any results or success related to your work. Publication of such Third Party Material is simply a recommendation and an expression of our opinion of that material.
This website, our eBooks, actions, panels, third party plugins and our other Products are provided “as is”. We offer no warranty, explicit or implied, regarding any of our products, the accuracy and efficiency of any information, any implied warranties of merchantability or suitability for a particular purpose.
You acknowledge that you understand that there are links contained in our guides, ebooks, books, articles, blog posts and tutorials that we may benefit from financially as an affiliate partner.
We do not warrant that any of our products will meet your requirements or that their use will be uninterrupted or error free.
LICENSE, USAGE & INSTALLATION
You acknowledge that by your purchase, the ownership and copyright of the actions, ebooks and/or our other Products do not get transferred to you and you must not claim that it is yours. Your license is non-transferable and you are not allowed to sell, share, rent, give, distribute, sub-license, or otherwise transfer the right to use the actions, ebooks and/or our other Products to anyone else (i.e. other photographers, friends, co-workers, relatives, etc.) or install the products on computers not owned by the purchaser.
By purchasing our Products, you agree to NOT resell or redistribute these products to others. The actions, ebooks and/or our other Products may be installed ONLY on computers owned by the buyer of the product. Any redistribution of our Products on physical memory storage devices, CDs, DVDs, via forums, websites or any other medium is a violation of these terms.
You are not allowed to modify or superficially alter any of our Products and resell them as your own. You may not dissect our Products and then use our concepts in your own products for resale.
RETURN, EXCHANGE, REPLACEMENT & REFUND POLICY
You acknowledge that all products on retouchingacademylab.com are non-refundable and not returnable, under any circumstances, due to their digital nature. It is the industry standard and we strongly encourage you to carefully read descriptions on the product pages and watch the videos where available to make sure you would like to purchase any of our Products. Please do not purchase if you are not willing to take the risk.
Prior to purchase, please make sure you have proper software installed, our Products do not include the software to run them. No digital Products purchased on retouchingacademylab.com are returnable or exchangeable.
It is your responsibility to back up the Products you purchase. If you cannot restore or locate the actions, ebooks and/or our other Products you purchased, we will try and assist you, but are in no way obligated to store or re-issue your purchases. It is taking up our human resources, which may not be available due to the small size of our company. Our Products are also sold via our partners’ websites, so we often may not possess any details or proof of your purchase. If you cannot present proof of your purchase, such as a Paypal or credit card receipts and we cannot verify your purchase in our records, replacement of your lost purchase may not be possible.
We are not responsible for keeping any information of your purchases, it is your sole responsibility to backup your downloads.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Queenscliff Global LLC has no obligation to monitor the Communication Services. However, Queenscliff Global LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Queenscliff Global LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Queenscliff Global LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Queenscliff Global LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Queenscliff Global LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Queenscliff Global LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Queenscliff Global LLC spokespersons, and their views do not necessarily reflect those of Queenscliff Global LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO RETOUCHINGACADEMYLAB.COM
OR POSTED ON ANY QUEENSCLIFF GLOBAL LLC WEB PAGE
Queenscliff Global LLC does not claim ownership of the materials you provide to Retouchingacademylab.com (including feedback and suggestions) or post, upload, input or submit to any Queenscliff Global LLC Site or our associated services, including any content you post on to our forum, (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Queenscliff Global LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Queenscliff Global LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Queenscliff Global LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You will be able to connect your Queenscliff Global LLC account to third party accounts. By connecting your Queenscliff Global LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Queenscliff Global LLC from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Queenscliff Global LLC Content accessed through Retouchingacademylab.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
USE OF FORUM
We reserve the right to ban any user of our forum who fails to follow any forum related rules, guidelines and policies. Be respectful and stay on topic while you use our forum. We will remove any posting on our forum, for any reason we like, in our sole discretion, without commentary.
You agree to indemnify, defend and hold harmless Queenscliff Global LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Queenscliff Global LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Queenscliff Global LLC in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUEENSCLIFF GLOBAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
QUEENSCLIFF GLOBAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QUEENSCLIFF GLOBAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TERMINATION / ACCESS RESTRICTION
Queenscliff Global LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, CA in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Queenscliff Global LLC as a result of this agreement or use of the Site. Queenscliff Global LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Queenscliff Global LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Queenscliff Global LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Queenscliff Global LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Queenscliff Global LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Queenscliff Global LLC reserves the right, in its sole discretion, to change the Terms under which Retouchingacademylab.com is offered. The most current version of the Terms will supersede all previous versions. Queenscliff Global LLC encourages you to periodically review the Terms to stay informed of our updates. Your usage of any tool, service, function or content that we provide via this Site subsequent to any modification by us of these Terms is your express indication to us that you agree to be bound by each and every term and condition of the modified Terms as published on our Site.
A. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our own discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
B. If you believe that your work has been copied and is accessible via our Site or in a way that constitutes copyright infringement, or that our Site contains links or other references to another location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Send your DMCA related copyright notice to: email@example.com
Note: Only copyright complaints should be sent to this email address. No other communications will be accepted or responded to.
© ALL RIGHTS RESERVED. All our guides, ebooks, books, articles, blog posts, tutorials, actions, panels and our other Products on this website are Copyright 2016 Queenscliff Global LLC, its contributors and affiliate partners.
Effective as of March 30, 2013
Collection of your Personal Information
We may collect personally identifiable information, such as your name. If you purchase our products and services, we may collect billing and credit card information. This information is used to complete the purchase transaction. We may also collect anonymous demographic information, which is not unique to you, such as your age, and gender.
Information about your computer hardware and software may be automatically collected by us. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the our websites and applications.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through our public message boards, this information may be collected and used by others.
We encourage you to review the privacy statements of websites you choose to link to from that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on websites outside of the retouchingacademy.com and retouchingacademylab.com websites and the [RE]TOUCHED Application.
Use of your Personal Information
We collect and use your personal information to operate our websites and deliver the services you have requested.
We may also use your personally identifiable information to inform you of other products or services available from us. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
We do not sell, rent or lease our customer lists to third parties.
We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information.
We may keep track of the websites and pages our users visit within our websites, in order to determine which of our services are the most popular. This data is used to deliver customized content and advertising within our website to customers whose behavior indicates that they are interested in a particular subject area.
We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or the site; (b) protect and defend the rights or property of our business; and, (c) act under exigent circumstances to protect the personal safety of users of our webistes, or the public.
Our websites may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize available user pages, or register with for our site or services, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to our websites, the information you previously provided can be retrieved, so you can easily use the websites’ features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website.
Security of your Personal Information
We secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
We do not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use our websites.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from us by following the opt-out link in the communication.
Changes to this Statement
We will occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how we are doing regarding protecting your information.
We welcome your questions or comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at firstname.lastname@example.org
Queenscliff Global LLC, California
Effective as of January 1, 2015