Terms of Use

This page outlines the terms (“terms”) for your use (“user”) of  Wild Ridge Photo + Film and WR PRESETS

I. Terms of Site

Wild Ridge Photo + Film and WR PRESETS (“vendor”, “site”, “us”, “we”, “I”) products, website, scripts and other services provided in connection with Wild Ridge Photo + Film and WR PRESETS.    Terms include, but is not limited to- Terms of Site, Privacy Policy, and Intellectual Property Infringement Policy.

II. Your acceptance and obligations of terms

In consideration of your purchase from this site, you will abide by all terms, site and privacy policy requirements.  These terms apply to all users. By purchasing on this site, you are agreeing to comply with and be bound by these terms.  If you do not agree to these terms, do not purchase from this site.

You agree that to the extent you provide personal information to the site it will be true, accurate, current, and complete and that you will update all personal information as necessary.

Purchase of products

III. Refunds

All digital purchases are non-refundable.  There are no refunds for any products purchased on or through our site and we are not obligated to offer a refund or credit.  In the event that Wild Ridge Photo + Film and WR PRESETS suspends or terminates your user account for your breach of these terms, you understand and agree that all access to products will be revoked and no refund or exchange will be given.

IV. Account access and security

All purchases will be made available to the user after purchase and an email sent to the email address provided. Sharing of any account logins, download emails or providing of access to un-authorized individuals will result in suspension of account, revocation of access and all monies will be forfeited with no refunds available.   Authorized individuals include owner(s) of the photography company and authorized agents. 

All financial transactions made in connection with and accessibility to the site will be processed by a third-party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. In no event will the vendor be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

The vendor reserves the right to terminate without prior notice, and in its sole discretion and judgment, any user whose material or activity on the site has infringed the rights of others under civil or criminal law or whose material or activity may result in civil or criminal activity to the site.

The vendor reserves the right to report activity that it believes to be potentially criminal to an appropriate law enforcement agency.

The user understands and agrees that temporary interruptions of the site may occur as normal events that are out of the vendor's control. User also acknowledges and agrees that the site has no control over the third-party networks or service(s) that may be used to provide content to the user. User agrees that the content available on this site are provided “as is” and that the site assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

V. Product Installation

The products are delivered in a compressed file (“zipped”) format. Instructions on installing WR PRESETS can be found here. Wild Ridge Photo + Film’s product purchases do not include the processing software required for use of the products.

VI. Licence of use

With compliance of these terms, the vendor grants you a non-exclusive, non-transferrable license to download, view, edit, copy and use the products you purchase solely for your individual use with respect to your photography clients or similar business use. It does not include any reproduction, copying, or any other use of the products or free downloadable material for resale or distribution.

You agree to abide by all copyright protections afforded to the products and associated intellectual property and 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. 

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.

VII. Warranty

All content and offerings on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Prices for products are subject to change without notice. We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of products.

Vendor makes no warranty that the content or offerings will meet your requirements; the content, offerings or site will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the content or offerings offered will be effective, accurate or reliable; the quality of any content or offerings purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

The use of the offerings or the downloading or other acquisition of any products or content through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Vendor makes no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any offerings or content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.

VIII. Changes to Terms of Use

This page is the most up to date for the current Terms of Use. Vendor reserves the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

Other Policies

IX. Privacy Policy

Vendor actively works to preserve the privacy of users. You understand that by using the site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Canada, in accordance with applicable Provincial and Federal law.

X. Intellectual Property Infringement Policy

Vendor takes seriously any and all allegations of intellectual property infringement.  You understand that by using the Site, you affirm that all intellectual property submitted to the Site is your intellectual property or you possess the proper authorization and rights to submit the intellectual property for use by the Site.

XI.Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

XII.Waiver

Vendor's failure at any time to require performance of any provision of these terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these terms.

XIII. Governing law, jurisdiction and venue

These terms will be governed under the laws of the Province of Alberta without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these terms will be held exclusively in provincial or federal court in Alberta. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, vendor retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of these terms is taking place or originating.  If the site brings a legal action against the other party to these terms to secure the specific performance of the terms, collect damages for breach of these terms, or otherwise enforce or interpret these terms, vendor shall be entitled to recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

XVI. Indemnity

You agree to indemnify, defend and hold harmless the site harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of products in violation of these terms and/or arising from a breach of these terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using this site causes us to be liable to another.

XVII.Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and offerings available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Definitions

The term “products” refers to all of intellectual property to be delivered by purchased access to the purchaser.   Products include, but are not limited to, actions, presets, gift vouchers and associated installers.

The terms “Wild Ridge Photo + Film,” “WR PRESETS,”“vendor”, “site,” “we,” “us,” and “our” refer to Wild Ridge Photo + Film and WR PRESETS, on which these terms are posted. The term “including” means “including, but not limited to.”