Terms & conditions of use
Last Updated: June 16, 2023
Table of Contents
- Acceptance of Terms
- Nature of Business
- Age Restriction
- Intellectual Property
b. Limited Licence
c. Prohibited Actions
- Pricing, Payment, and Refunds
- Delivery and Access
- User Accounts
b. Account Security
- Cancellation and Suspension of Account
- Prohibited Actions
- Report abuse
- Limited warranties
- Exclusions of liability
- Changes to the Terms and Conditions
- Privacy and Data Protection
- Applicable Laws and Jurisdiction
- Contact Information
Welcome to Clever Photographer! These Terms & Conditions ("Terms") govern your use of the Clever Photographer website ("Website") and all products and services offered by Clever Photographer. By accessing or using our Website, you agree to be bound by these Terms. Throughout these Terms, "we," "us," and "our" refer to Clever Photographer, while "you" and "your" refer to the users of our Website.
2. Acceptance of Terms
By accessing or using the Clever Photographer website ("Website"), you are indicating your acceptance and agreement to be bound by these Terms & Conditions. If you do not agree with any part of these terms, we kindly ask you to refrain from accessing or using our Website. Your continued use of the Website will be deemed as your acceptance of these Terms & Conditions.
3. Nature of Business
Clever Photographer is a comprehensive online platform dedicated to empowering photographers with a diverse selection of digital photography tools. Our offerings include a wide range of presets, skies, overlays, textures, backgrounds, and brushes specifically crafted for various photo-editing applications. Moreover, we provide comprehensive courses and video tutorials meticulously designed to enhance and refine photography skills. Please note that while we offer an extensive range of tools and educational resources, we do not sell photo-editing applications themselves. Our focus is on providing valuable assets and knowledge to support photographers in their creative journeys.
4. Age Restriction
Access to our Website is limited to individuals who are at least 18 years of age. By using our Website or agreeing to these terms and conditions, you confirm and warrant that you meet the minimum age requirement. If you are under the age of 18, please refrain from accessing or using our Website.
6. Intellectual Property
a. Ownership: All content on the Clever Photographer Website, such as text, images, graphics, videos, and course materials, is protected by intellectual property rights, including copyrights, trademarks, and other proprietary rights. You acknowledge and agree that all intellectual property rights in the content belong to Clever Photographer or its licensors.
b. Limited License: Clever Photographer grants you a limited, non-exclusive, non-transferable, and revocable license to utilize our digital photography tools for editing your own photos, whether for commercial or non-commercial purposes. You are permitted to apply our tools to your photos and use the edited photos in any manner you deem appropriate. However, it's important to note that this license does not extend to reselling our products or replicating similar or competing products
c. Prohibited Actions: Without obtaining prior written permission from Clever Photographer, you are strictly prohibited from copying, replicating, reproducing, modifying, reselling, distributing, displaying, or otherwise exploiting any content or materials found on the Website. This prohibition includes creating derivative works based on our tools or engaging in reverse-engineering of our products.
d. Enforcement: Clever Photographer reserves the right to take appropriate legal action to safeguard its intellectual property rights against any unauthorized use or infringement.
We kindly request you to review and comply with these terms regarding intellectual property to ensure mutual respect and protection of creative works.
7. Pricing, Payment, and Refunds
a. Pricing: Our product prices are carefully determined, taking into account industry standards and the creative work involved. We strive to offer fair and competitive prices for our digital photography tools. Additionally, we may periodically provide special promotions and discounts to enhance your experience.
b. Payment: We offer convenient payment options through credit cards using secure payment gateways such as Stripe and PayPal. Rest assured that your payment information is handled with the utmost security and privacy.
c. Refunds: All sales are final, and we do not offer refunds, exchanges, or returns. In the event of multiple accidental purchases of the same product, refunds will be subject to transaction fees. It's important to mention that the Clever Photographer + Membership does not qualify for refunds. Once the payment for the subscription is confirmed, no refund will be issued. To ensure a satisfying purchase experience, we strongly recommend reviewing product compatibility information before purchasing, as refunds, exchanges, or returns cannot be provided due to incompatibility.
8. Delivery and Access
Upon completing a purchase, you will be ask to create an account on our Website. Within your account, you'll find your purchased products conveniently stored in your Library. This allows you to access and manage your digital photography tools with ease. However, if you prefer not to create an account, you can contact us directly after making a purchase via email at [email protected] or through our contact page at https://www.cleverphotographer.com/contact. Please note that access to courses and video tutorials is exclusively available to you with an active account.
It's important to emphasize that we reserve the right to restrict access to certain areas of our Website, or even the entire Website, at our discretion. You must not attempt to circumvent or bypass any access restriction measures in place on our Website. We take these measures to maintain the security and integrity of our platform and ensure a positive user experience.
9. User Accounts
a. Registration: We highly recommend creating an account on our Website to fully enjoy the benefits of your purchase. When registering, it's important to provide accurate and up-to-date information. Please ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete, and non-misleading. By doing so, you help us maintain a reliable and efficient platform for you and all our users.
b. Account Security: The security of your account is of utmost importance. You are responsible for maintaining the confidentiality of your account credentials and ensuring the security of your account. Any activities performed using your account will be your responsibility. If you become aware of any unauthorized use of your account, please notify us immediately in writing. We will take the necessary actions to address the situation and secure your account. Remember, you should not use another person's account to access the Website unless you have explicit permission from that person.
10. Cancellation and Suspension of Account
We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
We may suspend your account, cancel your account, and/or edit your account details at any time in our sole discretion without notice or explanation.
You may cancel your account on our Website by contacting us.
11. Prohibited Actions
You must not:
a. Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website.
b. Use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
c. Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
d. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
e. Access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing.
f. Use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
g. Use data collected from our Website to contact individuals, companies or other persons or entities.
12. Report abuse
If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know by email at [email protected] or via our Contact Us page at https://www.cleverphotographer.com/contact.
13. Limited warranties
a. We do not warrant or represent the completeness or accuracy of the information published on our Website; that the material on the Website is up to date; or that the Website or any service on the Website will remain available.
b. We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.
14. Exclusions of liability
a. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
b. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
c. We will not be liable to you in respect of any loss or corruption of any data, database or software.
d. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15. Changes to the Terms and Conditions
We reserve the right to modify these terms and conditions at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their posting on the Website.
16. Privacy and Data Protection
17. Applicable Laws and Jurisdiction
Clever Photographer is an online platform based in the United Kingdom, and these Terms & Conditions are governed by the laws of England. Any disputes arising from these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of England.
18. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms & Conditions, please contact us at [email protected] or through our Contact Us page at https://www.cleverphotographer.com/contact.