Terms & Conditions
Last Updated: June 15, 2023
1. Introduction
Welcome to SubtleCanvas. These Terms and Conditions ("Terms") govern your use of the subtlecanvas.sbs website (the "Website") and all content, services, and products available at or through the Website, including but not limited to our photography services, educational content, and digital products.
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any of our services.
2. Website Use
2.1 Eligibility
The Website is intended for users who are at least 16 years of age. By using this Website, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms.
2.2 Account Responsibilities
If you create an account on our Website, you are responsible for:
- Maintaining the confidentiality of your account and password
- Restricting access to your computer or device
- Assuming responsibility for all activities that occur under your account
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
2.3 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Website for any illegal purpose or in violation of any local, state, national, or international law
- Violating or infringing other people's intellectual property, privacy, publicity, or other legal rights
- Impersonating another person or entity
- Interfering with or disrupting the Website or servers or networks connected to the Website
- Attempting to gain unauthorized access to parts of the Website, other accounts, or computer systems
- Engaging in any automated use of the system, such as scraping, use of bots, or data mining
- Transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature
- Using the Website to collect or store personal data about other users without their consent
3. Intellectual Property
3.1 Our Content
The Website and its original content, features, and functionality are owned by SubtleCanvas and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All photographs, images, blog posts, videos, and other content created by us are our intellectual property. You may not use our content for commercial purposes without obtaining a license from us.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes. This license does not include:
- Modifying or copying our materials
- Using any material for any commercial purpose or public display
- Attempting to decompile or reverse engineer any software contained on the Website
- Removing any copyright or other proprietary notations
- Transferring the materials to another person or "mirroring" the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.
3.3 User Content
If you post, upload, or otherwise make available any content on our Website (including comments, reviews, or forum posts), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or control all rights to the content you post, that the content is accurate, and that use of the content does not violate these Terms or any applicable laws.
4. Products and Services
4.1 Photography Services
When you book photography services with us, additional terms specific to those services will apply. These may include details about scheduling, payment, deliverables, and usage rights.
4.2 Digital Products
When purchasing digital products from our Website (such as presets, templates, or educational materials), you are granted a limited, personal, non-exclusive, non-transferable license to use the products for your personal or internal business purposes.
You may not redistribute, resell, lease, license, sub-license, or offer our digital products to any third party.
4.3 Pricing and Payment
All prices listed on the Website are subject to change without notice. We reserve the right to refuse or cancel orders at our discretion.
Payment for all products and services must be made in advance unless otherwise agreed in writing. We use third-party payment processors and do not store your payment information on our servers.
5. User Conduct and Community Guidelines
Our Website may include features that allow users to interact with each other, such as comments sections, forums, or social media integration. When using these features, you agree to:
- Be respectful and courteous to other users
- Not post content that is defamatory, obscene, threatening, invasive of privacy, or otherwise objectionable
- Not post content that infringes or violates someone else's rights
- Not impersonate any person or entity or misrepresent your affiliation with a person or entity
- Not post unsolicited promotions, political campaigning, advertising, or solicitations
We reserve the right to remove any content that violates these guidelines and to terminate access for users who repeatedly violate them.
6. Disclaimer of Warranties
The Website and all products and services offered through it are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
We make no warranties or representations about the accuracy or completeness of the content on the Website or the content of any websites linked to the Website.
7. Limitation of Liability
To the fullest extent permitted by applicable law, SubtleCanvas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- Your use or inability to use the Website or services
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Website
- Any bugs, viruses, or other harmful code that may be transmitted through the Website
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website
In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid us in the last six months, or, if you have not paid us, fifty British pounds (£50).
8. Indemnification
You agree to defend, indemnify, and hold harmless SubtleCanvas, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Website
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the Website.
9. External Links
The Website may contain links to third-party websites or services that are not owned or controlled by SubtleCanvas.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: [email protected]
- Phone: +440157216830
- Mail: 622 Parker Mountains West Tomchester CM3 3AE, United Kingdom