TERMS AND CONDITIONS
Welcome to Jessy J Photography!
These are the terms and conditions for:
(Hereinafter referred to as “Jessy J Photography”).
The following terms and conditions apply to the websites, courses and services offered by Jessy J Photography. This includes the mobile and tablet versions as well as any other version of Jessy J Photography accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR COURSES.
Use of the websites and purchase of courses and presets may only be made in accordance with these terms and conditions and all applicable local, national and international laws, rules and regulations.
By using the websites and purchasing the courses or presets, you represent and warrant that you have full right, power and authority to enter into these terms and conditions and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from agreeing to these terms and conditions.
You represent and warrant that your use of the websites does not violate any applicable law or regulation. Jessy J Photography may, in its sole discretion, refuse to offer the websites, courses and presets to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access any Jessy J Photography website is revoked in such jurisdictions.
When registering on the website, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Jessy J Photography of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Jessy J Photography's prior authorization. Jessy J Photography will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Jessy J Photography.
Jessy J Photography reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Jessy J Photography believes that you have violated any of these terms, provided Jessy J Photography with false or misleading information, or interfered with any other party's use of the website or service.
By providing Jessy J Photography with your email address, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or courses, news and special content. We may also use your email address to send you notifications, such as changes to service features and special offers on our courses and services. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates to your order, news or special offers on our courses and services.
When you place an order, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. Check the prices, features and content of each preset before placing your order.
Immediately after completing the purchase process, the buyer will receive an order confirmation email with an immediate download link. This immediate download link will include your presets and step-by-step guides.
Presets are compatible with RAW, TIFF or JPEG image file formats (RAW file format is recommended).
Presets work with the following Adobe Lightroom and Camera Raw versions
- Adobe Lightroom (CC) Mobile (Free) and Desktop (Paid Creative Cloud Subscription)
- Adobe Lightroom Classic Desktop 7.3 Version and up (Paid Subscription)
- Adobe Camera Raw 10.3 Version and up (Paid Subscription)
Presets can be adjusted for further customization and can be applied before or after retouching.
Due to the nature of our products (downloadable digital products), all preset purchases are final. Please note that preset purchases are non-refundable. No returns or exchanges are accepted.
We reserve the right to limit the number of units purchased by each user. Jessy J Photography also reserves the right to limit sales of our products on a regional or jurisdictional basis.
Jessy J Photography may cancel any order and may change or discontinue product availability at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
Jessy J Photography offers face-to-face and virtual courses such as the "Beauty Photography Blueprint" course. By placing an order for a course through the website, you are offering to purchase the course for the price advertised and indicated on the website at the time you purchase the course. Please check the description of the course content and features before placing your order. Once the payment process is completed, Jessy J Photography will send the user the access data and all the necessary information to access the course. In the case of in-person courses please check the start date of the courses and scheduled classes before placing an order.
When a user purchases a course, Jessy J Photography will send an email to confirm the purchase and payment of the course. This confirmation email will contain the login information for the corresponding course.
Jessy J Photography may cancel any order and may change or discontinue the availability of courses at any time in its sole discretion. at any time in its sole discretion. If an order is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
Jessy J Photography reserves the right to determine course and preset prices. Course and preset prices may be subject to change at any time without notice.
Jessy J Photography will use reasonable efforts to keep the pricing information posted on the website up to date. We encourage you to periodically check our websites for updated pricing information on our courses and presets.
We will always attempt to keep the prices on the website accurate. However, from time to time pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the customer will be informed of the error. User will have the option to reconfirm the order at the correct price. The user also has the option to cancel the order if not satisfied with the correct price.
Courses and presets can be paid through the following payment methods and processors:
- Credit/debit card (Visa, Mastercard, American Express, Diners, Discover)
- Apple Pay
- Google Pay
- Meta Pay
- Shop Pay
Credit card payments will be processed through our payment processors Shopify Payments and Kajabi. Your credit/debit card or PayPal account will be charged immediately upon completion of the payment process. Once the transaction is processed, we will send an electronic receipt of the transaction to the buyer's email address.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and stored with total security and with the exclusive purpose of processing the purchase of courses and presets. Jessy J Photography reserves the right to hire any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of courses and presets.
By accessing the websites and purchasing the courses, the user accepts personal responsibility for the results of using the information available in the course content. User agrees and represents that Jessy J Photography does NOT guarantee any benefit, nor any type of positive or negative result from the use of the information users obtain through the courses. User also agrees that Jessy J Photography does not guarantee any type of result from the use of the information and content available on the website in general. Jessy J Photography provides resources and content for informational and educational purposes only. You acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation and a variety of other circumstances beyond Jessy J Photography’ control. Your use or misuse of any content or information obtained through the courses is at your own risk and responsibility. Jessy J Photography does not accept any claims for the use or misuse of information obtained through the courses by users.
All content included in Jessy J Photography's courses, including, without limitation, names, logos, trademarks, trademarks, worksheets, images, text, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights that are owned and controlled by Jessy J Photography or by third parties such as Shutterstock and other third parties who have licensed or provided their material to the websites.
Jessy J Photography presets are protected by copyright and other intellectual property laws. Personal and commercial use of the presets is permitted but unauthorized distribution of the presets constitutes copyright infringement and is strictly prohibited. No content available in the presets may be duplicated, distributed or used for unauthorized purposes without the express written consent of Jessy J Photography. Any unauthorized use of the content available on the presets may give rise to claims and lawsuits for copyright infringement by Jessy J Photography.
All content included on Jessy J Photography's websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other items are protected by copyrights, trademarks and/or other intellectual property rights that are owned and controlled by Jessy J Photography or by third parties who have licensed or provided their material to the websites. You acknowledge and agree that all Materials on Jessy J Photography are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Jessy J Photography prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Jessy J Photography or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
10. COPYRIGHT INFRINGEMENT
Jessy J Photography will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Jessy J Photography respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Jessy J Photography can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
11. LICENSE TO USE THE PLATFORM
Jessy J Photography gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Jessy J Photography as part of the services. This license is for the sole purpose of allowing you to use and enjoy the services provided by Jessy J Photography, including the courses available, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Jessy J Photography platform or third parties.
Jessy J Photography reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Jessy J Photography believes that you have violated any of these terms or interfered with the use of the platform or service by others.
12. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Jessy J Photography by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any part of our website for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission.
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Jessy J Photography in connection with the website and the services.
- Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.
13. THIRD PARTIES
Through your use of the website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Jessy J Photography provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Jessy J Photography are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify Jessy J Photography and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your purchase of courses and presets.
15. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Jessy J Photography for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
16. CHANGES AND TERMINATION
We may modify the websites and these terms and conditions at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the websites constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users effective. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
17. PERSONAL DATA
18. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between you and Jessy J Photography, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with your use of the websites, purchase of the courses or presets and/or breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization, as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Jessy J Photography may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website, purchase of the courses.
The courts of the United States, specifically the courts located in the State of Texas, shall have jurisdiction over any dispute, controversy or claim relating to Jessy J Photography and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Texas.
20. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of our websites and purchase of our courses and presets are not authorized in any jurisdiction that does not give effect to all provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
21. CONTACT INFORMATION
If you have any questions or concerns about these terms, please contact us using the contact information below:
Jessy J Photography
Address: 2024 W 15th St. Suite F #372, Plano TX 75075