TERMS OF USE

IMPORTANT INFORMATION

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Sara Kardooni Portraits (defined below), which governs your use of Products (defined below) obtained by purchase through this website at sarakardooni.com, or any related domains or subdomains (the “Site”). In these Terms, 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 Sara Kardooni Portraits, doing business as Sara Kardooni Portraits.

“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 Sara Kardooni Portraits. All such Products are the intellectual property of and are owned by Sara Kardooni Portraits.

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 find them otherwise unacceptable, please discontinue use of Sara Kardooni Portraits’ 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

Sara Kardooni Portraits is a resource through which you may obtain portrait photography services, information and products.

Sara Kardooni Portraits permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here which is incorporated herein by reference.

Sara Kardooni Portraits will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Sara Kardooni Portraits will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Sara Kardooni Portraits is the sole manager of such information collected on the Site. Sara Kardooni Portraits will use such information to respond to you as necessary. You grant Sara Kardooni Portraits a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill 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 Sara Kardooni Portraits to help support the maintenance of the Site. Sara Kardooni Portraits does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site 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 Sara Kardooni Portraits from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site. All images are being used under license through the company providing the stock images.

MODIFICATIONS TO THE SERVICE AND PRICES

Sara Kardooni Portrait reserves the right at any time to modify the Services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, and discontinuance of the Service. Prices for our products are subject to change without notice.

INTELLECTUAL PROPERTY LICENSE

Sara Kardooni Portraits 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 therefore; © all things otherwise provided to you as a part of Sara Kardooni Portraits’ services, and; (d) any other intellectual property rights afforded to Sara Kardooni Portraits, either through province or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Sara Kardooni Portraits 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 unauthorized use of or otherwise infringe upon Sara Kardooni Portraits’ Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Sara Kardooni Portraits 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, Sara Kardooni Portraits grants you a non-exclusive, non-transferable license to download, view, copy and print the PRODUCTS/SERVICES you purchase solely for your personal use which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the Canadian Copyright Office and as otherwise provided by law;

(2) abide by all trademark protections afforded to the Products, both as formally registered with the Canadian Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) 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

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does 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. Sara Kardooni Portraits 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 Sara Kardooni Portraits will not reimburse you for such downloads.

CONTACT

By using the Site and entering personal information, you give Sara Kardooni Portraits permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Sara Kardooni Portraits know by emailing us at sara@sarakardooni.com and we will kindly refrain from doing so.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. SARA KARDOONI PORTRAITS OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SARA KARDOONI PORTRAITS MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, SARA KARDOONI PORTRAITS 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 SARA KARDOONI PORTRAITS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the province and/or federal courts for Toronto, Ontario. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the province and/or federal courts for the city of Toronto, ON. It is your responsibility to review these Terms prior to use and periodically throughout your use of Sara Kardooni Portraits’ Products, Materials and services. Sara Kardooni Portraits reserves the right to change or modify these Terms at any time without notice to You.

Any questions regarding the above Terms may be directed to: sara@sarakardoni.com