Terms of Service
JANA ROLLER PHOTOGRAPHY TERMS OF SERVICE
This is an Agreement between you, hereafter referred to as, 'THE CLIENT' and jANA ROLLER PHOTOGRAPHY, hereafter referred to as, “THE COMPANY”. By visiting this site you are agreeing to all stated Terms and Services, hereafter referred to as “THE AGREEMENT”. You must accept this Agreement to use this website and purchase these products.
1. Duration of Contract
1.1. These Terms and Services start when THE CLIENT opens the website www.janaroller.com and are valid for an indefinite amount of time afterwards.
1.2. THE CLIENT agrees that if he/she does not agree with the Terms and Services in this Agreement that they will leave the website immediately and not use it again at any time.
2. Services and Provisions
2.1. JANA ROLLER PHOTOGRAPHY is an portfolio, blog, website that provides portfolios, information on sessions, bookings, and tools and services for purchase for clients and photographers. All educational lessons on the site are property of THE COMPANY and are for personal use only.
2.2. THE CLIENT agrees that they are prohibited from selling, sharing or disclosing any of the products he/she purchases from THE COMPANY. Failure to comply will result in legal action.
2.3. THE CLIENT is purchasing these products of their own free will and in full understanding of what the products are and how they work.
2.4. THE CLIENT must be 18 years of age or older to purchase products from THE COMPANY.
2.5. THE CLIENT agrees that the purchase of a product from THE COMPANY cannot be purchased to a secondary email or third party. Only THE CLIENT purchasing the items may download the files.
3. Payment and Fees
3.1. No product will be delivered to THE CLIENT until full payment has been processed. No sessions are booked until paid in full. If payment has not been received within 24 hours the product or session becomes void and no refund will be given.
3.2. Given that the products are digital downloads, all sales are final and no refunds will be granted under any circumstances. Session fees are non-refundable.
3.3. In the event of a discrepancy regarding payment between THE CLIENT and THE COMPANY, proof of purchase must be provided to open a claim of misdoing. Failure to supply the proof of purchase means that THE COMPANY does not have to provide monetary reimbursement and that the sale has not been processed, therefore no product will be given.
3.4. THE CLIENT agrees that he/she must submit a valid email address for the product to be electronically delivered. THE COMPANY is not at fault or obligated to deliver if an invalid email address has been given.
3.5. Prices are subject to change without notice. THE CLIENT agrees that the stated price listed by THE COMPANY on the day of purchase will be the total amount due.
3.6. All prices are in CAD.
4. Sales and Promotions
4.1. THE CLIENT agrees that if a sale is offered after his/her purchase, the difference in cost will not be reimbursed. THE CLIENT is always subject to current pricing at time of purchase.
4.2. THE CLIENT agrees that he/she will only receive the item or session that is on sale during said sale or promotion. Other products on the site not included in the sale are not available at a discounted price.
5. Newsletter and Collection of Information
5.1. THE CLIENT agrees that by providing his/her email address they will be subscribed to THE COMPANY newsletter.
5.2. THE CLIENT agrees that he/she may opt out of the newsletter at any time.
5.3. THE CLIENT understands that his/her email address will not be sold for profit.
6. Rules and Regulations of Use
6.1. THE CLIENT agrees he/she will not use the products for any illegal purpose.
6.2. THE CLIENT agrees that he/she will not misrepresent the product or claim false ownership. Any discussion of THE COMPANY online must be accompanied by website credit: www.janaroller.com.
6.3. THE CLIENT will not post or speak of incorrect or misleading information of THE COMPANY and the products. THE CLIENT agrees to not post or speak of THE COMPANY in a manner that is defamatory, abusive, harassing, libellous or profane.
7. Copyright and Ownership
7.1. THE CLIENT agrees that THE COMPANY retains all copyright of the education provided on the site.
7.2. THE CLIENT agrees that he/she is purchasing use of the products only and will not infringe on the copyright or other intellectual property rights of THE COMPANY.
7.3. THE CLIENT agrees that products purchased in the Store from a third party will fall under Terms and Services from said provider. THE CLIENT agrees that THE COMPANY is not responsible in any way if the products are not delivered or to satisfaction. No monetary reimbursement will be provided by THE COMPANY.
8.1. THE CLIENT agrees he/she will not use any of the products for teaching purposes, including but not limited to; workshops, conferences, one-on-one mentoring, in written books or text, teaching, on websites or in forums. THE CLIENT agrees to not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of THE COMPANY or its licensors.
8.2. THE CLIENT agrees that he/she will not compete with THE COMPANY with a similar product after purchase.
8.3. THE CLIENT agrees that he/she will not distribute THE COMPANY content for any purpose or create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, THE COMPANY content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
9. Connection between parties
9.1. THE CLIENT agrees that purchase of products does not provide a joint venture, a partnership or relationship between THE CLIENT and THE COMPANY.
10. Guarantee of Sales and Legal Safety
10.1. THE CLIENT agrees that THE COMPANY does not guarantee sales or income from use of products purchased.
10.2. THE CLIENT agrees that if purchasing a contract they must hire a lawyer to make the contracts legal within his/her given Country, State or Province. While these contracts have been written in conjunction with a lawyer, THE COMPANY is not providing a legally valid contract.
10.3. THE CLIENT agrees that the contracts purchased are guidelines only and THE COMPANY will not be held responsible if a third party brings legal action against THE CLIENT.
10.4. THE COMPANY is physically located in the Province of British Columbia. This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a Province of British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, THE CLIENT agrees to submit to the non-exclusive jurisdiction of the Ontario courts.
11. Amendment of Products
11.1. THE COMPANY reserves the right to amend products at any time and update as desired. THE CLIENT agrees that he/she is not entitled to the amended or upgraded version of the product.
11.2. If THE CLIENT wishes to obtain an updated version of a product from THE COMPANY, he/she must purchase a new product.
12. Limitations of Liability
THE CLIENT further agrees to fully indemnify and hold forever-harmless THE COMPANY from:
Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any Third Party against THE CLIENT arising out of any actions or products of THE COMPANY or any and all claims, demands or actions which may hereinafter or at any time be made or bought against THE CLIENT or THE COMPANY.
These Terms and Conditions constitute the entire agreement between THE CLIENT and THE COMPANY and supersedes any and all prior Agreements or contemporaneous oral or written communications, proposals or presentations with respect to all products and services provided by Jana Roller Photography. To the extent the terms or programs conflict with the terms of this Agreement, the terms of this Agreement shall control.
I, THE CLIENT, VISITING THIS WEBSITE OF MY OWN FREE WILL, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBLITIES, AND RELEASES THERIN.
THE CLIENT agrees at all times to indemnify, defend and hold harmless THE COMPANY, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by THE COMPANY directly or indirectly in respect of THE CLIENTS' misuse of the products or website provided by THE COMPANY, including without limitation infringement claims.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, SPELLING OR GRAMMATICAL ERRORS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO:
DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS; LINKS TO THIRD-PARTY WEB SITES; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE.
YOU HEREBY EXPRESSLY RELEASE, WAIVE, AND FULLY DISCHARGE THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND ANY OTHER PERSON, ORGANIZATION OR ENTITY INVOLED IN THE PROVISION OF THE WEBSITE AND ANY SERVICES OF THE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, AND LIABILITIES OF ANY KIND ORNATURE WHATSOEVER ARISING FROM OR CONNECTED, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND ANY SERVICES OF THE COMPANY, AND I ACCEPT THAT THIS RELEASE COVERS AND INCLUDES, BUT IS NOT LIMITED TO, ALL UNKOWN AND UNFORESEEN CLAIMS, INJURIES, DAMAGES AND LOSSES, AND ANY CONSEQUENCES THEREOF. THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO THE CLIENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE.