Please read these Terms of Use (“Terms”) carefully as these Terms constitute a legal agreement between you (“you” or “your”) and Take My Heart Everywhere by Francesca and Tommaso (“we”,“us”, or “our”), which governs your purchase and use of our Adobe© Lightroom© Mobile Presets (“Presets”) and your use of our website (“Site”).
When you purchase our Presets, or download one or more of our free Presets (“Freebies”) you expressly acknowledge that you have read these Terms and you agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to purchase our Presets.
Our Presets are protected under Italian copyright law and we remain the sole owner of all right, title, and interest in the Presets. Except as expressly provided in these Terms, we do not grant you any right to copyrights, trade secrets, trademarks, or any other rights in respect to the Presets. All trademarks, logos, and service marks (“Marks”) displayed on our Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third parties to whom the Marks belong to. We reserve all rights not granted under these Terms.
You acknowledge and agree that by your purchase of our Presets or download of our Freebies, the ownership of the Presets is NOT transferred to you. Rather, when you purchase our Presets or download our Freebies, we grant you a limited, non-exclusive, and non-transferrable license to download, install, and use the Presets for your personal and professional use, consistent with these Terms. Your license does not grant you any title or ownership in our Presets, nor is it considered a sale of any rights to our Presets. To avoid any confusion, you are only granted a license to use our Presets, in accordance with these Terms.
The license we grant you allows you to do the following: (a) use the Presets for personal use and (b) use the Presets to edit your professional photography for clients and for other professional work.
Regardless of whether you purchased a Preset or downloaded a Freebie, you are strictly prohibited from: (a) modifying, adapting, making derivative works of, or reverse engineering the Presets; (b) licensing, sub-licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, copying onto any public network, or otherwise commercially exploiting the Presets; and (c) purchasing or accessing the Presets with the intent to build similar or competitive presets. We take the use of our Presets very seriously. If, in our sole discretion, we have reason to believe that you have violated these Terms, you agree to relinquish your license, cease all use of the Presets, and destroy all copies of the Presets. Further, we will use all available remedies at law to prevent additional prohibited use and remedy past prohibited use.
You can pay for our Presets on our Site via credit card or PayPal.
You expressly acknowledge that all Presets are non-refundable, non-exchangeable, and not returnable, under any circumstances. If you are having difficulties with the Presets, please contact us via email at hello@takemyhearteverywhere.com.
In order to use the Presets, you will need to download the Adobe Lightroom Mobile App. Only use original and licensed versions of Adobe software and applications.
We value your privacy. For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.
You agree to indemnify, defend and hold harmless Take My Heart Everywhere by Francesca and Tommaso and our subsidiaries, partners, officers, directs, agents, suppliers, and employees, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
Our Presets are provided “AS IS” without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. In addition, we do not warranty that the Presets or results of the use thereof will meet your or any other person’s requirements or achieve any intended result.
We are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any consequential, incidental, indirect, exemplary, special, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Presets. Notwithstanding the foregoing, our total liability in any matter arising out of or related to the Terms is limited to € 50.00 or the aggregate amount that you paid for the Presets during the month preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
In the event either party to this Agreement is required to, or does, maintain or defend any claim or cause of action against the other arising out of or relating to this Agreement, then the prevailing party in any such action or arbitration shall be entitled to recover from the other party all reasonable attorney’s fees incurred, including attorney’s fees on appeal, in addition to reasonable costs and expenses, including but not limited to pre-litigation fees and expenses.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by the express language contained herein. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of the Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by Take My Heart Everywhere by Francesca and Tommaso to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that other than affiliates or subsidiaries of Take My Heart Everywhere by Francesca and Tommaso, there are no intended third-party beneficiaries of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
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