ProHeadshots: Terms of Use
Terms
The following is a legal agreement between you ("User") and Nutkins UK Ltd trading as ProHeadshots (defined below), which governs your use of products (defined below) obtained by purchase through this website at ProHeadshots.uk, or any related domains or subdomains (the "Site"). In these Terms, the use of the words "you" and "your" refer to each individual user who may interact with this site, and "we", "us" and "our" refer to Nutkins UK Ltd doing business as ProHeadshots.
"Products" referred to by these Terms include but are not limited to: contract forms, templates, communications and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from ProHeadshots. All such products are the intellectual property of and are owned by ProHeadshots.
By purchasing any product, you agree to be bound by these Terms, without any other conditions or declarations.
If at any time you do not agree with these Terms or you find them otherwise unacceptable, please discontinue the use of ProHeadshots's products immediately.
Understand that by using the Site, any products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
What We Do
ProHeadshots is a resource through which you may obtain Professional Headshot services, Personal Branding services and educational resources regarding our services.
Privacy Policy
ProHeadshots permits you to control the management of your personal information and invites you to read the complete statement of its current Privacy Policy, which is incorporated herein by reference.
ProHeadshots will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. ProHeadshots will not sell or otherwise distribute this information to any other individual or entity, except its duly authorised agents, contractors, and other third parties that assist it in its business operations. ProHeadshots is the sole manager of such information collected on the Site. ProHeadshots will use such information to respond to you as necessary. You grant ProHeadshots a worldwide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfil your request(s) or to enable your use of a particular product or service, such as for shipping of products.
Affiliate Links
Links on the Site may be affiliate links controlled by parties other than ProHeadshots to help support the maintenance of the Site. ProHeadshots does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release ProHeadshots from any loss or damage incurred from dealing with such affiliates.
Intellectual Property Licence
ProHeadshots owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any products and portions thereof; (c) all things otherwise provided to you as a part of ProHeadshots services, and; (d) any other intellectual property rights afforded to ProHeadshots, either through state or federal registration or as otherwise available at common law ("Intellectual Property"). Except as stated below, ProHeadshots does not grant you any rights to any Intellectual Property contained within the products or as may be available to you generally through the Site.
You agree not to make unauthorised use of or otherwise infringe upon ProHeadshots Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. ProHeadshots will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, ProHeadshots grants you a non-exclusive, non-transferable licence to download, view, copy and print the digital products you purchase solely for your personal use or similar business use, and which is not to include any copying, or any other use of the products for resale or distribution ("Permitted Use"), provided that you:
- 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; and
- Do not modify the products in any way consistent with Permitted Use provided by these Terms. Such permission to modify products consistent with Permitted Use in no way expands the limited licence provided herein, nor does it grant you intellectual property ownership in, or provide a general right to modification of, the products.
Please remember that it is your responsibility to download the product immediately and securely back up all purchases. ProHeadshots is not liable for any loss or damage to products that occur after download or any customer’s inadvertent or mistaken download of a product or free download such customer did not intend to purchase or download, and ProHeadshots will not reimburse you for such downloads. ProHeadshots will, one time, at your request, send a 24-hour access link to purchased products if you request a new download link within seven days after a prior purchase, having otherwise misplaced the download link originally supplied by ProHeadshots.
Contact
By using the Site and entering personal information, you give ProHeadshots permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding current services, specials, new products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by email, please let GreenEarth Photography know by emailing us at peter@proheadshots.uk, and we will kindly refrain from doing so.
Return/Refund Policy
You acknowledge that all products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
No Warranties
Products are provided "as is". ProHeadshots offers no warranty, explicit or implied, of any information, or any rights or licences under this agreement including, without limitation, any implied warranties of merchantability for a particular purpose.
Obtaining materials available through the Site is done at your own discretion and at your own risk. ProHeadshots makes no warranty that the Site, products or materials will be accurate and reliable in all instances.
Limitation of Liability and Indemnification
Except as prohibited by law, ProHeadshots shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the website, materials or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited as law, to the extent there is liability found as to ProHeadshots, such recovery is limited to the amount you paid for materials, products and services.
Law and Jurisdiction
These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation to these terms or in relation to the provision of any goods and services by us, the English courts will have exclusive jurisdiction over such dispute.
ProHeadshots reserves the right to change or modify these Terms at any time without notice to you.
Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of ProHeadshots products, materials and services.
Any questions regarding the above Terms may be directed to: peter@proheadshots.uk.