Terms of Use
Last Updated on: February 26, 2025
The conditions of these TERMS OF USE supersede any and all prior agreements whether oral or written between Kelly McPhail Photography, LLC and the Purchaser as identified on the Bill of Sale.
In the event that any provision of these TERMS OF USE are found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
By purchasing these Lightroom Presets, Photography Education Courses, Guides, Templates, Marketing Materials or Business Documents, the Purchaser, as identified on the Bill of Sale, hereby agrees to all terms and conditions set forth in these TERMS OF USE.
The conditions of these TERMS OF USE supersede any and all prior agreements whether oral or written between Kelly McPhail Photography, LLC and the Purchaser as identified on the Bill of Sale.
In the event that any provision of these TERMS OF USE are found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
By purchasing these Lightroom Presets, Photography Education Courses, Guides, Templates, Marketing Materials or Business Documents, the Purchaser, as identified on the Bill of Sale, hereby agrees to all terms and conditions set forth in these TERMS OF USE.
- All Lightroom Presets, Photography Education Courses, Guides, Templates, Marketing Materials or Business Documents are copyrighted by Kelly McPhail Photography, LLC, which retains all copyrights and moral rights, including those not expressly granted in this agreement, to each and every Lightroom Presets, Photography Education Courses, Guides, Templates, Marketing Materials or Business Documents, as well as all instructional content, indefinitely.
- All Lightroom Presets, Photography Education Courses, Guides, Templates, Marketing Materials or Business Documents may be used in the production of personal and/or commercial images.
- All Lightroom Presets, Photography Education Courses, Guides, Templates, Marketing Materials or Business Documents may not be resold, redistributed, disseminated, mimicked, reproduced (in whole or in part), or shared in anyway to a third party. The Purchaser, as identified on the Bill of Sale, is allowed One (1) license per person or per business.
- Due to the downloadable nature of this product, NO refunds will be given for any reason.
- If the Purchaser, as identified on the Bill of Sale, violates the terms of this TERMS OF USE, irreparable harm shall occur, and money damages shall be insufficient to compensate Photographer. Therefore, Kelly McPhail Photography, LLC shall be entitled to seek injunctive relief (i.e., a court order) to enforce these TERMS OF USE. The prevailing party shall have the right to collect from the other party reasonable costs, both compensatory and punitive damages, and necessary disbursements and attorneys’ fees incurred in enforcing these TERMS OF USE.
- Any and all disputes or disagreements rising between Company and You out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Company and You agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Guilford County, North Carolina. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
- This Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina.
