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Terms of Service

Please read these Terms of Use ("Terms") carefully. The following is a legal agreement between you (“purchaser”) and the owner of mcpactions.com ("Website"), Multiple Choices Photography LLC ("MCP Actions”, “I”), which governs your use of all action sets purchased from this Website (including textures within the action sets, information, text, images, graphics, data or other materials, products, and services provided through www.mcpactions.com) (“products”).

By making this purchase, you agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If you do not agree with these terms, you are not allowed to make this purchase.

COPYRIGHT

All action sets (including layouts of templates within the action sets) are registered and protected under US copyright law. They are not to be redistributed or resold in any form. Those who violate this licensing agreement will be prosecuted.

LICENSE

You acknowledge that by your purchase, the ownership of the action set does not get transferred to you and you must not claim that it is yours. Your license is non-transferable, which means that you are not allowed to sell, distribute, rent, give, sub-license, or otherwise transfer the action set or the right to use the action set to anyone else.

INSTALLATION AND USAGE

The action sets may be installed on all computers directly owned by the purchaser of the product. By purchasing these products, you agree to NOT resell or redistribute these products to others (i.e. friends, photographers, relatives, etc.) or install the products on computers not owned by the purchaser.

The work you create with the action set must be used either by yourself (for personal use) or for your client (commercial).  For example, the work you create may be used for personal photos and/or photos you create then resell to clients as flattened digital files or printed files.  Layered files using MCP Actions may not be resold or distributed to your client.

You may not modify or superficially alter the action sets, textures, storyboards, templates or presets and then resell them as your own.  For example, you may not purchase a template action, modify it by adding your own paper, and then resell the modified storyboard.

You may not place any of my products, modified or unmodified, on a diskette, CD, website, forums or any other medium and offer them for redistribution or resale in a fashion that would violate this license.

RETURN POLICY

You acknowledge that all products and actions sets on the MCP Actions Website are non-refundable and not returnable, under any circumstances. Please watch videos on the product pages if you wish to see how they work and their ease of use. Prior to purchase, please make sure you select the proper version of Photoshop or Elements. Products and actions do not include the software to run them. Products purchased do to difficulty level or not having the proper software to run them, are not returnable or exchangeable. For example, if you buy a product that only works in the "Full" Photoshop, and you only have Elements, MCP Actions will not refund you. You are welcome to buy the full Photoshop to use the product. Products are tested in English versions of Photoshop only. They may not work in Photoshop in other languages. Please do not purchase if you are not willing to take the risk.

REPLACEMENT POLICY

MCP expects users to backup their actions onto an external hard drive or CD, for replacement purposes. If you cannot locate your actions after a computer failure or when moving computers, the following applies: For actions purchased on this website which launched December 17th, 2009, you may download products as many times as you need for your own use (see licensing under Terms at the bottom of my site). You will need to remember your log on information to access these. For actions purchased from my past website prior to December 17th, 2009, I will resend actions for free if you can provide me your receipt via email (either your paypal receipt or credit card receipt, not just the invoice showing you ordered). It is time consuming for me to look through thousands of transactions to locate your purchases. If you cannot provide a receipt, I will discount previously purchased actions at 50% off current website prices assuming I can verify your purchase. To start this process, you will need to provide me the following: month and year each set was purchased and email address used for payment. Incomplete or inaccurate information may make this option unavailable.

UPGRADE POLICY {Version Upgrades or Elements to Photoshop}

We understand that you may upgrade to newer versions of Photoshop in the future. Most actions will work from older versions of Photoshop to newer versions. Should this happen, and should I have an update for a past product, you will need to provide me with your receipt as explained in the "replacement policy." If you cannot provide proof of purchase, you will need to re-buy. If you upgrade from Elements to Photoshop, as these are different products, I will give a one time upgrade discount of 50% on products you purchased for Elements, and have proof of purchase, and need an upgrade to the Photoshop product.

DISCLAIMER OF WARRANTIES AND LIABILITIES

THE WEBSITE AND THE ACTIONS ARE PROVIDED "AS IS". I OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY ACTIONS, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCP ACTIONS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE ACTIONS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

MCP ACTIONS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE ACTIONS.

WORKSHOP POLICY

By purchasing a workshop, you acknowledge and agree to the following:

Private Workshops: Your session fee is non-refundable and not transferable.  Cancellations with less than 24 hours notice will NOT be rescheduled or refunded.  Cancellations with less than 48 hours notice will get 1/2 the amount of time credited toward a future session.

Group Workshops: Your session fee is non-refundable and not transferable.  Cancellations with less than 24 hours notice will NOT be rescheduled or refunded.  Cancellations with less than 48 hours notice will get 1/2 the amount of time credited toward a future session.  You will be notified at least 48 hours prior to a class being cancelled due to low attendance.  If this occurs, you will have the option to get a refund or select another class time.

All materials shared and provided to you during workshops are registered and protected under US copyright law, and are not to be redistributed or resold in any form.

CONTACT

Any questions regarding the above terms and conditions can be directed to MCP Actions' attorney, Daniel P. Dalton at www.tomkiwdalton.com. 

When you create an account or purchase products or services, Multiple Choices Photography will add you to their Newsletter. You may unsubscribe at anytime. If you do not wish to be added, please contact us.

© All material contained on this website is Copyright 2009 Multiple Choices Photography LLC and its contributors. All rights reserved. I reserve the right to modify or revise these Terms of Use at any time.