Terms & Conditions

INTRO

The following terms and conditions govern your use of the Website and any Products and form a binding agreement between Elyana Ivette and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as “you”). By purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them.

Elyana Ivette reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products from Elyana Ivette.

2. WEBSITE USE

The Website is owned and operated by Elyana Ivette. The material displayed on the Website is protected by copyright, trademark and other laws. The Website and its contents, including Products and any images used on the Website (“Images”), may not be copied or reproduced without the prior written consent of Elyana Ivette.

Using the Website, Products or Images other than for a permitted purpose is prohibited. For example, you are not allowed to:

A. Reverse engineer the products or website

B. Use any data mining, robots or similar data, image gathering, or extraction methods in connection with the Website or Products;

C. Download Products from the Website without the payment of fees to Elyana Ivette;

D.  remove any metadata, watermarks or copyright notices;

E. copy, reproduce, or manipulate Content or Images

3. COPYRIGHT AND INTELLECTUAL PROPERTY LAWS

All Elyana Ivette digital goods are protected under US Copyright law. They may not be redistributed or resold in any form. Violators of this licensing agreement will be prosecuted to the fullest extent of the law.

The Elyana Ivette website, products and content are protected by US Copyright law and various intellectual property laws. Modifying, copying, distributing, reproducing, selling, transferring, or sharing of any Elyana Ivette content and/or products constitutes a breach of Copyright.

By purchasing Elyana Ivette products, you acknowledge that you may use this product for personal use or limited professional use. By purchasing Elyana Ivette products, you do not gain ownership, nor can you claim any product as your own.

Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or Elyana Ivette’s intellectual property and proprietary rights and you are responsible for any fees, damages or compensation arising from any unauthorized use.

You are not allowed to modify, share, sell, transfer, copy or gift the right to use these digital goods to anyone else. This product should, under no circumstance, be posted or uploaded to the Internet.

Posting a link for others to download Elyana Ivette products is a felony.

3. INSTALLATION AND STORAGE

This product may only be installed on a computer directly owned by the purchaser. The images enhanced with these products may only be used for personal or professional projects. Any products given to a client must be in a non-editable file format.

It is expected that the purchaser will back up his/her own digital goods on an external storage device. Elyana Ivette is not responsible for lost files for any reason, but may be willing to re-issue the product once a valid purchase receipt has been provided. Elyana Ivette is not responsible for any direct or indirect loss/damage arising from the use of our products in whatever form.

4. PAYMENT AND REFUND POLICY

All Sales are final, there are no refunds, exchanges or returns. 

Please be sure that any Product you are purchasing is compatible with your software or camera files (requirements are listed on the Product page), there are no refunds, exchanges or returns for incompatibility.

After purchase, Products are delivered as a digital download. Elyana Ivette encourages you to make a backup copy of your downloaded Products, but no other copying or reproducing of Products is permitted.

All published prices and sales are in U.S. Currency. If you are purchasing from outside of Canada, Elyana Ivette cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer.

5. DISCLAIMERS AND LIABILITY

Disclaimer. Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied.

Elyana Ivette will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Elyana Ivette liability to you in any circumstances will be limited to the amount you paid for the relevant Product.

Elyana Ivette reserves the right to modify the Terms of Service and Use at any time.

PRIVACY

This website is owned by Elyana Photography, LLC.

What information do we collect?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience, to improve our website and customer service, to process transactions for the products purchased, to administer a contest/promotion/survey/or other site feature, and finally to send periodic emails.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, and keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Your Consent

By using our site and/or purchasing any Elyana Ivette merchandise, you consent to our privacy policy.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the contact form.