Digital Products Policy by Blake Ferguson Photography.

1. Agreement 

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This Agreement Policy is made effective by and between Blake Ferguson Photography, referred to as (the “Company”), the purchaser of the digital Product (hereafter “Client”), for a Client or other online purchaser purchasing a digital product from the online shop hosted by the Company (the “Product”), the Client agrees to the terms and conditions listed below which correspond to your actions of checking the box during shopping cart checkout and submitting payment for the Product. 

 

2. Digital Product Formats & Download Expectations 

 

Blake Ferguson Photography enables the purchase and sale of digitally-formatted Products (“Plugins”). These items include but are not limited to: .PDF Downloads, .PSD Downloads, Photoshop Plugins, Lightroom Plugins & Presets, or other miscellaneous learning material, subject to the following terms and conditions.

 

Review the selected items in your cart carefully before finalizing any purchases online. In conjunction with the underlying terms of this Policy- please be advised of the Terms of Service effective by the Company.

 

The Company hereby agrees to the Client to deliver one (1) exclusive, non-sub-licensable, non-transferable licence to use the Product. The Client understands and agrees that the Product prohibits sharing or reproduction with any third party not affiliated as per the Licence Agreement. If the Company suspects negligent handling of the Product without consideration of this Agreement, the Company reserves the right to terminate Product access from the Client. If the Client continues to access the Product after a formal notice of Rights revocation, the Company will serve arbitration to set course.

 

3. Digital Product Usage 

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After purchasing the digital Product, the Client will be given access to the product materials immediately through a download delivered to the email registered by the Client. The Client will have lifetime access to the materials as long as the Product(s) remain available to the Client.

 

The Digital Product can be used to form results of Commercial Projects driven by the Client, persuading results solely owned and produced by the Client. As Digital Products require modifications to pass on results tailored to the Client, the Client may not distribute the technicalities of Digital Product Files. The Client understands that reproducing original or modified software versions is prohibited and subject to penalty.  

 

The Client may use the Product for personal use and business use. The Client is not obligated to tag or give credit to the Company when the Product results are published online or on other media platforms. The Company respectfully appreciates those who consider sharing the positive objectives that compose The Company line of Digital Products and will not serve penalty in any shape or form.

 

Digital Products require installation where step-by-step instructions are presented with Working Deliverable Files to assist the Client with seamless start-up. As listed as the Company hours, the Company provides support in events you have questions, concerns or comments regarding your Digital Product or its installation.

 

4. Fees & Payment Processing for Digital Products

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For considerable access to the Product provided by the Company, the Client agrees to compensate the Company the fee indicated on the online shopping cart.

 

During the act of a declined payment method ignited by the online payment processor, the Client shall provide a new eligible payment method before receiving access to the Product. If the Client has already received access to the Product and a payment method is declined, the Company reserves the right to collect any outstanding receivables. Upon outstanding receivables past due, the Company reserves the right to suspend the current usage and rights obtained by the Client for any Digitally Downloadable items.

 

5. Updates in Digital Product

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While Digital Products endure consistent updates to maintain the standards of concurrent technology and software improvements— an event may occur where the Client has access to past versions. In the event of an (“Update”), the Client must repurchase at a price that may be more or less, depending on the time of the Product Purchase.

 

Though Clients will have continued access to the Product Version installed at the time of purchase through Product Updates may occur, technical updates are required to persist capable with future software versions. Bug fixes and minor improvements are included free of charge. However, updates that contain significant improvements will be made available for repurchase.

 

6. Refunds for Digital Products & Intangible Items

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Due to the nature of Digital Products being immediately accessible upon purchasing, while the Company varies with the ability to revoke access to Digital Products— no refunds of any fees or other amounts paid by Client in connection with the Product will be permitted under any circumstances. All sales are final when it comes to Digital Downloads and Intangible Items. Learn more about how the Company delegates Returns & Exchanges. 

 

7. Personal Information

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Upon Purchase of the Product, the Client agrees to provide personal information, including her/her name, email address, mail and billing address. Client agrees to allow the Company access to this personal information strictly for lawful purposes. The Client is responsible for the accuracy of the identifying information provided, maintaining the safety and security of identifying information and updating the Company when changes to the identifying information might occur to the Client.

 

The information processed by the Company, on behalf of the Client, will be kept secure and is subject to strict confidentiality and accuracy requirements as identifying Client information is mandatory in Purchase Checkout. Providing false or inaccurate information or using the Digital Product for fraud or unlawful activity is grounds for immediate termination from access to the Digital Product. Personal Identifying information remains stored 5 years after the date of Product Purchase and per applicable Privacy Laws. The Company complies with applicable data privacy regulations, including GDPR and PIPEDA. Clients may request data deletion at any time following these laws. Learn more about your privacy and how the Company collects, stores, and uses your personal identifying information.

 

8. Technological Reliability

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Products are paid through the choice of the Client to complete purchases through third-party payment gateways, which store and handle your personal identifying information, relying on services such as PayPal and Stripe, ensuring the best SSL encryptions. Digital Products are subject to file updates to correspond with the ongoing development of software and applications.

 

The Company is not responsible for disruptions, policy changes, or technical limitations imposed by third-party service providers (e.g., payment gateways, software dependencies).

 

In the event of payment disputes or chargebacks, the Client assumes these as their own risk, and the Company will not presume fault for chargebacks or other fees incurred due to payment disputes. In the event of a fraudulent purchase, transactional fees will be processed and stored in an account designated to refunds, and the Client is to coordinate with support for the collection of a refund in full amount, aside from any fees incurred by the Company as a digital merchant. If the chargeback is flagged fraudulent, the Company may seek legal action to recover lost funds and associated costs.

 

9. Copyright 

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Upon delivery of the download-issued Product to the Client, the Company grants the Client a non-transferable, non-sub-licensable license for personal or business use. The Company retains all intellectual property rights unless otherwise stated in a separate written agreement.

 

10. Warranties & Liability

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The Company makes every effort to ensure that the Product is accurate and fit for use by all customers. 

 

However, the Company is not at fault and does not presume responsibility, whatsoever, regarding the suitability of the Product, and the Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation, any warranties of merchantability or fitness for a particular purpose. 

 

The Client agrees to indemnify the Company against all liabilities, claims, demands, expenses, actions, costs, damages, or losses arising from Breach of the Client according to these terms and conditions. The Company shall not be liable to the Client or any third party for consequential, indirect, special or exemplary damages but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

 

11. Force Majeure

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If the performance of this Agreement or any obligations hereunder becomes prevented, restricted or interfered with by the reasons correlating: earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death to the Client or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the party so affected shall, upon giving prompt notice to the other party, being excused from such performance according to such prevention, restriction to interference or following failure or delay resulting therefrom shall not be considered a breach of this Agreement. This clause also applies to unforeseen digital disruptions such as cyberattacks, hosting failures, or third-party service interruptions affecting product delivery.

 

12. Guarantees

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The Company does not make any guarantee to compensate for Consumer dissatisfaction, including financial or other personal gains correlating to the use of the Product via the Client. The Client agrees to take responsibility for the results produced by the Client regarding the final results the Product helps articulate. 

 

13. Redistribution of Digital Products & Intangible Items 

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While the Company provides access to the Product through Online Purchase for the sole purpose of Field Education and/or manipulation of final results, even for commercial purposes- redistribution is forbidden. 

 

14. Release & Responsible Expectations 

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While the Client has first more so been a follower or viewer of social media— a satisfactory amount of time spent engaging the business of the Company, and has a reasonable expectation that the Product will produce various outcomes, yielding unique results for each Client- from undergoing purchase, the Client understands and agrees that 1) every Client and final result using the Product is different, and 2) the Product is intended for a mass audience.

 

15. Binding Agreement

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This Policy binds an agreement that incorporates an understanding of the parties to suitable knowledge, supersedes any other written or oral agreements between the parties, and any modification must be in writing, signed by both parties and physically attached to the original Agreement.

 

16. Venue and Jurisdiction

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While purchases take place internationally— the laws of the Province of Ontario shall govern this Agreement, and any resulting arbitration is entitled to take place within Ontario, Canada. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.

 

17. Mediation & Arbitration

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Concerning the Client and the Company— any disputes or disagreements arising between this Agreement,

 

Where the Company is unsuccessful in contacting the Client in cases of a dispute, matters are to be pending through formal mediation. If mediation is unsuccessful, the dispute shall be settled through arbitration by the procedural rules of the Canadian Arbitration Association.

 

Disputes must constitute an inquiry within 90 days of the purchase date, and upon beginning the process of arbitration- a formal notice is due served. 

 

The parties agree to be bound by the arbitrator(s) decisions. The arbitration proceeding shall take place in Toronto, Ontario. This location may be changeable due to the convenience of both the Company and the Client. The cost and expenses of arbitration shall be shared equally by the parties. Each party shall be responsible for its costs and expenses in presenting the dispute for arbitration. 

 

18. Transfer

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The underlying terms in this Agreement cannot be transferred or assigned to any third party without the written consent of both parties.

 

19. Severability

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If any part of this Agreement is deemed invalid or enforceable, the terms proposed in this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this outlined Agreement. 

 

20. Delivery of Digital Products & Intangible Items 

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If, for any reason, due to a technical issue or error, you do not receive the Product files immediately after purchase, contact the Company immediately. Include your Order Identification Number on your proof of purchase, and the Company will further investigate.