Terms and Conditions

Last updated: [6/14/2021]

Terms and Conditions

Please read these Terms and Conditions (“terms”) carefully before using www.thewanderfulwayfarer.com (the “Website”) operated by The Wanderful Wayfarer LLC (“us”, “we”, or “our”).

Your access to and use of the “Website” is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.

By accessing or using the “Website,” you agree to be bound by these Terms. If you disagree with any part of the terms, do not continue to use the “Website.” 

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by “Website.” Unless otherwise stated, www.thewanderfulwayfarer.com and/or its licensors own the intellectual property rights published on this Site and materials used on www.thewanderfulwayfarer.com, including all text, images and logo.

Licensing

The License Agreement (“agreement”, “terms”) is a legal contract between you and The Wanderful Wayfarer LLC (“us”, “our”, “we”). In this agreement, “presets”, “icons”, and “files” are defined as the product you purchase from The Wanderful Wayfarer LLC as identified on your sales receipt. “You”, “your”, “end user”, and “licensee” are defined as and refer to the customer who has purchased a license to use the presets.

When you purchase products from The Wanderful Wayfarer LLC, you are purchasing a license to use our files under a particular set of conditions. It’s important to read and understand this agreement because it defines your rights as the licensee, acceptable use of the files, and the rights that The Wanderful Wayfarer LLC reserves.

Purchasing, downloading, installing, or using the files indicates your confirmation that you understand and agree to the terms of this agreement and that you have the authority to bind the person or entity specified on your sales receipt  (“licensee”) to the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to purchase, download, install, or use our products or freebies.

Our work is protected by International Copyright & Intellectual Property Law and we remain the sole owner of all rights, titles, and interests in our work. Under no circumstances may the licensed files be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. The licensee agrees to treat the files as confidential information and exercise reasonable care to avoid unauthorized distribution of the files. Except as expressly provided in these terms, we do not grant you any rights or ownership in respect to the files. We reserve all rights not granted under these terms.

Upon purchase of our files (or download of our freebies), you are granted a limited, non-exclusive, non-assignable, non-transferable, revocable Standard License to download, install, and use our presets for personal and professional use to edit your personal and/or professional photographs. The license does not grant you any ownership to our presets, nor is it considered a sale of any rights to our presets. You are only granted a Standard License to use our presets in accordance with these terms. 

For the purpose of clarity, you are welcome to use the presets to edit your personal and professional photos and icons to edit your personal iPhone home screen. However, you are not permitted to resell our products, make derivative works, or share the files with any unlicensed third party. If we have reason to believe that you have breached these terms, you agree to relinquish your license, cease use, and destroy all copies of the files. Furthermore, we will use all available remedies at law to prevent additional prohibited use and to remedy past prohibited use.

The files may be installed and used only on the devices of the licensee. You may not use the files in any manner that makes them accessible to the public or non-licensed third parties. You may not distribute the files or any copy thereof to any third party. If a third party such as a friend, client, designer, independent contractor, employee, or a freelancer creating content for the benefit of the licensee, needs to install the files for any reason, they must purchase their own license directly from The Wanderful Wayfarer LLC. 

You are strictly prohibited from modifying, adapting, making derivative works, reverse-engineering, sharing, selling, gifting, licensing, sub-licensing, transferring, assigning, hosting, distributing, copying, posting onto any public network, or otherwise commercially exploiting the products. Further, you are not permitted to purchase or access the products with the intent to build similar or competitive products. If we have reason to believe that you have breached these terms, you agree to relinquish your license, cease use, and destroy all copies of the files. Furthermore, we will use all available remedies at law to prevent additional prohibited use and to remedy past prohibited use.

Please be sure to back up the products on an external storage device. The Wanderful Wayfarer LLC is not responsible for lost files for any reason. However, we may be willing to re-issue the products once a valid purchase receipt has been provided. The Wanderful Wayfarer LLC is not responsible for any direct or indirect loss or damage arising from the use of our products.

The Wanderful Wayfarer LLC expressly reserves the right to amend or modify future versions of this License Agreement at any time and without prior notification. If you have any questions or need clarification on the terms of this agreement, please get in touch with us via email at [email protected].

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Accuracy, Completeness, & Timeliness Of Information 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies, & Omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will “Website” be liable to any person for any indirect, incidental or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use of content, impact on business, etc) however caused. These limitations of liability apply even if www.thewanderfulwayfarer.com has been expressly advised of the potential loss.

Dispute Resolution

Any disputes arising out of this Agreement shall be governed by laws of Colorado, USA.

Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to the “Website” at any time without notice, effective upon posting of an updated version of this Agreement on the “Website”. When we do, we will revise the updated date at the top of this page. Continued use of the “Website” after any such changes shall constitute your consent to such changes.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Indemnification

You agree to indemnify, defend and hold harmless The Wonderful Wayfarer LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Products or Services

We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Return/Refund Policy

Sales cannot be cancelled, refunded, exchanged, or returned under any circumstances. A refund will be given if you accidentally make multiple purchases of a single product, however the refund will be subject to an administration fee. It is your responsibility to make sure that any product you purchase is compatible with your software or camera files (you can see full requirements on the product page). You will not receive a refund or exchange if the product is incompatible with your software or camera files. These terms are binding, and apply even if you request a refund through a third-party payment service, such as Paypal or Stripe. 

You will receive your product as a digital download once the transaction is complete. You are encouraged to make a backup copy of the digital download for your own use, but any other copying or reproduction of the products is strictly prohibited.

All prices and sales are in US Currency.

Offers and Coupon Cods

Any offers or coupon codes will not be added to your order automatically and cannot be retroactively applied or credited after purchase. Offers and coupon cods may be used an unlimited number of times but they may not be combined with other coupon offers or used on already discounted items, such as but not limited to, bundled products. These offers are not applicable on orders of photography prints.

Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to these Terms

You can review the most current version of our terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website at any time without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The date the terms and conditions was last revised is identified at the top of the page.

Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the “Website” you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the “Website”.

Contact Us

If you have any questions about this page, please contact us at: [email protected]