The LOVE COLOR Volumes includes Lightroom® Color Profiles and other items such as PRW (collectively, “Products”) created by or licensed to Love Edits (Sarah Edmunds) that are available for purchase, subject to the pay- ment of fees to Love Edits. The following terms and conditions (referred to as the “Terms & Conditions” or the “Agreement”) govern your use of the Website and any Products and form a binding agreement between Love Edits and you, your company, your employer or any other person or entity you are enter- ing into this Agreement on behalf of (collectively referred to as “you”). By using the Website or purchas- ing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them. If you purchase a Product, you will also be asked to accept Terms of Service that appear during the checkout process. In the event of any inconsistency between this Agreement and the Terms of Service with respect to purchasing Products, the terms of the Terms of Service shall control. In the event of any other inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall control. Love Edits reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products from Love Edits.
2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of Love Edits and are protected by national copyright laws, international treaty provisions and other appli- cable laws. Other than as expressly permitted by Love Edits, Products may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. You cannot use a Product for any purpose unless you purchase it. Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or Love Edits intellectual property and proprietary rights and you are responsible for any fees, damages or compensation arising from any unauthorized use.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
Disclaimer. Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representa- tions, warranties or conditions of any kind, either express or implied, including without limitation, representa- tions, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free. Linked Websites. Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website. Limitation of Liability. Except for the indemnification to you set forth below, to the maximum extent permitted by law, Love Edits will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Love Edits liability to you in any circumstances will be limited to the amount you paid for the relevant Product.
5. WARRANTIES AND INDEMNIFICATION
Warranties to You. Love Edits has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party. Your Warranties to Love Edits. You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement. Indemnification by Love Edits. Subject to any disclaimers set forth above, provided that a Product is used in accordance with these Terms & Conditions and you are not in breach of this Agreement, Love Edits will defend and indemnify you from any damages, liabilities and expenses (including reasonable outside legal fees) incurred by you in connection with any actual lawsuit or legal proceeding alleging that Love Edits is in breach of any of the warranties provided in this Agreement. Indemnification by You. You will indemnify and hold harmless Love Edits from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorized or prohibited access to computer systems or data. Indemnification procedure. The par- ty seeking indemnification (the “Indemnitee”) will promptly notify the other party (the “Indemnitor”) in writing of any claim that is eligible for indemnification. The Indemnitee, at its sole option, may assume the handling, settlement or defense of any claim, and the Indemnitor will cooperate in the defense of any such claim if requested by the Indemnitee. The Indemnitee will have the right to participate in such claim, at its expense, using the counsel of its choice. The Indemnitor will not be liable for legal fees and other costs incurred prior to the Indemnitee giving notice of the respective claim. Love Edits will not be liable for any losses arising from your failure to stop using any Product if so required in order to mitigate any potential damages.
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