Digital Products Agreement
Important! These Terms of Service (TOS) and terms and conditions govern your use of this site. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.
Rob Domaschuk Photography may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Use of the Site
Limitation of Liability
In no event will Rob Domaschuk Photography be liable for:
(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Rob Domaschuk Photography or its authorized representatives have been advised of the possibility of such damages, or
(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Rob Domaschuk Photography liability is limited to the greatest extent permitted by law.
Rob Domaschuk Photography makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Rob Domaschuk Photography web site, please understand that it is independent from Rob Domaschuk Photography, and that Rob Domaschuk Photography has no control over the content on that web site. In addition, a link to a Rob Domaschuk Photography web site does not mean that Rob Domaschuk Photography endorses or accepts any responsibility for the content, or the use, of such web site.
We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues your site may have. However, it is you responsibility to ensure that you always have a backup of your sites files, databases and other information before making any changes.
2. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Domaschuk.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to indemnify, defend and hold harmless Rob Domaschuk Photography and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
We accept no responsibility for any damage or loss of earnings to your blog/site in any instance when using Rob Domaschuk Photography’s products. It is your responsibility to keep a regular backup of your database and/or relevant files so that if the worst does happen, you can use your backup to bring your blog/site back online.
5. Refunds and Exchanges
- Digital downloads and physical items: Due to the nature of the products we sell, all sales are final: please verify your order before you place it. If there is an issue with the product you bought, please don’t hesitate to contact us.
- Classes (both online and instructor-led): Refunds for class registration fees must be made in writing. The refund schedule is:
- 100% refund if cancelled at least 72 hours before the start of the class (or first class if you signed up for a multi-session class)
- 50% refund if cancelled less than 72 hours *but* more than 48 hours before the start of the class (or first class if you signed up for a multi-session class)
- No refunds are provided for cancellations within 48 hours of the start of the first class. The instructor may, at his or her discretion, allow the student to apply the fee toward a different class.
6. Usage License
All digital content, unless explicitly stated otherwise, is copyrighted by Rob Domaschuk Photography and Rob Domaschuk Photography will take all legal steps to safeguard our intellectual property.
Consult the license of the individual product for licensing agreement. We reserve the right to revoke any license support if you are found to be infringing upon the copyrights of Rob Domaschuk Photography.
All details obtained during registration, ordering or other activity on our site are held with the strictest confidence. We will never sell or give your information to any external companies or sites.
8. Affiliate Sales
Anyone found to be committing fraud will have their affiliate accounts suspended and all funds frozen.
Affiliate commission will be reversed for refunded sales and will be reported as a negative sale in the sales report.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Rob Domaschuk Photography will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Rob Domaschuk Photography considers insecure, Rob Domaschuk Photography will be entitled to require the password to be changed and/or terminate your account.
10. Customer Support
We try to reply to all customer support queries within 24 hours of posting. Our main form of customer support is offered via the Customer Only Support Forum. Please note that we do not offer support via instant messaging due to time zone differences. So if you need instant messaging support then you will need to look for alternative solution.
We reserve the right to deny support if you are found to be misusing the customer support forum. IP addresses are recorded to detect accounts that are being shared. We reserve the right to block shared accounts.
11. Product Delivery
Our digital products are delivered instantly via email to your inbox. On rare occasions an email can get delayed or missed or it can end up in your junk folder. If you do not receive an email containing the product download links within a few hours after the order, please contact us and we will send you fresh download links.
12. Terms of Service / Terms & Condition Changes
Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions.