TERMS OF SERVICE
When you purchase our Presets, or download one or more of our Presets 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.
COPYRIGHT & INTELLECTUAL PROPERTY
Our Presets are protected under US 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 displayed on our Site are our property or the property of other third parties. You are not permitted to use these Products without our prior written consent or the prior written consent of the third parties to whom the Products 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.
FEES AND PAYMENT
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 visit our FAQ Page Here or contact us via email at firstname.lastname@example.org.
In order to use the Presets, you will need to download the Adobe Lightroom Mobile App. You can also use Lightroom Desktop CC, Lightroom Desktop CC Classic adn Lightroom Desktop 3-6. You can also use Photoshop CC and use the Presets in your ACR Panel. Only use original and licensed versions of Adobe software and applications.
You agree to indemnify, defend and hold harmless Mangaextra.com 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.
DISCLAIMER OF WARRANTIES.
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.
LIMITATION OF LIABILITY.
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 US $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.
STIPULATED LIQUIDATED DAMAGES FOR YOUR BREACH OF THESE TERMS.
You expressly acknowledge, understand, and agree that we rely upon your strict adherence to these Terms (specifically Sections 2 through 4 which govern the terms of the limited license you are granted and your use of the Presets), and but for your strict adherence these Terms, we would not otherwise sell you the Presets. You further acknowledge, understand, and agree that your failure to adhere to these Terms would cause us to incur significant damages and costs, which would be impossible or very difficult to accurately estimate and that the Liquidated Damages (defined below) are a reasonable estimate of the anticipated or actual harm that would arise or be suffered by us as a result of your breach of these Terms. Therefore, if you breach these Terms, you agree to pay to us a Four-Thousand Five Hundred ($4,500.00) lump-sum payment in certified funds for each breach (“Liquidated Damages”). By way of example, if you copy or create derivatives of our Presets and sell the copies or derivatives to third parties, each sale will be treated as a breach of these Terms. You further acknowledge and agree that the Liquidated Damages: (i) are reasonable; (ii) constitute reasonable compensation to us; (iii) will not be construed as a penalty provision; and (iv) are of an amount that you will not argue that they are to be construed as a penalty. Finally, you agree that your payment of the Liquidated Damages does not limit our ability to seek other remedies against you, such as a temporary restraining order, due to your breach of these Terms.
GOVERNING LAW; VENUE AND JURISDICTION.
By visiting our Site or purchasing our Presets, you agree to the following: (i) that the laws of the State of Idaho, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and Mangaextra or any of our affiliates; (ii) you consent to the jurisdiction and venue of the Fourth District Court of Idaho, County of Ada, and irrevocably agree that all actions or proceedings arising out of this Agreement shall be litigated in such courts; and (iii) and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Idaho.
ATTORNEY’S FEES AND COSTS.
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 Mangaextra 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 Mangaextra, 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.