Terms & Conditions and Privacy Policy

Alana Lee Photography, The Imaginator Studio and Digital Product Creators are resources through which you may obtain photography services, photography resources, digital backgrounds, textures, overlays, templates, digital products, mentorship, and education. Alana Lee Photography, The Imaginator Studio and Digital Product Creators and this document govern the privacy notice and legal terms of our websites www.alanaleephoto.com, www.theimaginatorstudio.com and www.digitalproductcreators.com, and other associated services, and content which may include: Etsy shops (including TheImaginatorStudio), social media accounts connected to this website, community and any other resources or services provided by this brand or it's owner (s), Alana Lee, Jessica Lee, and/or partners, employees or contractors.

Effective Date: January 1, 2022

Notice Version: 1.0

Our privacy notice tells you what personal data (PD) and non-personal data (NPD) we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.

Your Rights

When using our website and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. Depending on the legal basis for processing your personal data, you may have some or all of the following rights:

The right to be informed

You have the right to be informed about the personal data we collect from you, and how we process it.

The right of access

You have the right to get confirmation that your personal data is being processed and have the ability to access your personal data.

The right to rectification

You have the right to have your personal data corrected if it is inaccurate or incomplete.

The right to erasure (right to be forgotten)

You have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it.

The right to restrict processing

You have a right to ‘block’ or restrict the processing of your personal data. When your personal data is restricted, we are permitted to store your data, but not to process it further.

The right to data portability

You have the right to request and get the personal data that you provided to us and use it for your own purposes. We will provide your data to you within 30 days of your request. To request your personal data, please contact us using the information at the bottom of this notice.

The right to object

You have the right to object to us processing your personal data for the following reasons:

Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);Direct marketing (including profiling); and Processing for purposes of scientific/historical research and statistics. Rights in relation to automated decision-making and profiling.

Automated individual decision-making and profiling

You will have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

Filing a complaint with authorities

You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.

For details about your rights under the law, visit the

UK GDPR Guide

Definitions

‘Non-personal data’ (NPD)is information that is in no way personally identifiable.

‘Personal data’ (PD)means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data.

A “visitor” is someone who merely browses our website. A “member” is someone who has registered with us to use or buy our services and products. The term “user” is a collective identifier that refers to either a visitor or a member.

Topics Covered in Our Privacy Notice

1. Information We Collect

2. Our Use of Cookies

2.1 How Your Information Is Used

2.2 Retaining and Destroying Your PD

2.3 Updating Your PD

3. Revoking Your Consent for Using Your PD

4. Protecting the Privacy Rights of Third Parties

5. Do Not Track Settings

6. Links to Other Websites

7. Protecting Children’s Privacy

8. Our Email Policy

8.1 Our Security Policy

9. Use of Your Credit Card

10. Transferring PD from the European Union

11. Changes to Our Privacy Notice

12. Questions About Our Privacy notice

1. Information We Collect

Generally, you control the amount and type of information that you provide to us when using our website.

Our Legal Basis for Collecting and Processing Personal Data

Our legal basis for collecting and processing your PD when you buy our products or services is based on the necessity for the performance of a contract or to take steps to enter into a contract. Our legal basis for collecting and processing your PD when you sign up for our newsletter and information about our products and services through our website opt-in forms is based on consent.

What Happens If You Don’t Give Us Your PD

If you do not provide us with enough PD, we may not be able to provide you with all our products and services. However, you can access and use some parts of our website without giving us your PD.

We Collect Your PD in the Following Ways: Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.

When Entering and Using Our Website

When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.

When Buying Products or Services

If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, and other information listed.

Website Chat Software or Contact Forms

Our website contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without becoming a member or buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to provide to us. You should limit the information you provide to us that is only necessary to answer your questions.

2. Our Use of Cookies

Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.

By agreeing to accept our use of cookies, you are giving us, and third parties we partner with, permission to place, store, and access some or all the cookies described below on your computer.Strictly Necessary Cookies

These cookies are necessary for the proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. However, if you disable these cookies, you may not be able to access features on our website correctly or at all.

Performance Cookies

These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.

Functional Cookies

These cookies enable the website to remember a user’s choices – such as their language, user name, and other personal choices – while using the website. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the website.

Media Cookies

These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.

Advertising or Targeting Cookies

These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.

Session Cookies

These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long-term.

Persistent Cookies

These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a site (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.

We may also use cookies for:

Identifying the areas of our website that you have visitedPersonalizing content that you see on our websiteOur website analyticsRemarketing our products or services to youRemembering your preferences, settings, and login detailsTargeted advertising and serving ads relevant to your interestsAffiliate marketingAllowing you to post commentsAllowing you to share content with social networks

Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.

Web Beacons

We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers, members, and visitors.

Google Ad and Content Network Privacy Notice

Third-party vendors, including Google, use cookies to serve ads based on a user's past visits to our website. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visits to our site and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting

http://www.aboutads.info/choices/

For European users visit

http://www.youronlinechoices.euGoogle Analytics Privacy Notice

Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, remarket our products and services to users, improve our marketing, and advertising, and improve our website. We have enabled Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit

https://www.google.com/policies/privacy/partners/

You can prevent Google Analytics from using your information by opting out at this link:

https://tools.google.com/dlpage/gaoptoutGoogle RemarketingWhy am I seeing ads by Google for products I’ve viewed?

Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit his/her website and buy a computer by showing you his/her ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen, Google will read a cookie that is already in your browser, or they place a cookie in your browser when you visit our website or other websites using remarketing. You can opt-out of Google’s use of cookies and remarketing at this link:

https://support.google.com/ads/answer/2662922?hl=en

or you can opt-out using the Network Advertising Initiative opt-out page at:

http://optout.networkadvertising.org/#!/Facebook

Remarketing

Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our website and elsewhere on the internet, and use that information to provide measurement services and target ads. With Facebook remarketing, you may see our ads on Facebook after you have visited our website. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on a webpage and a unique “cookie” is placed in their browser. Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our website. To opt out of Facebook’s collection and use of information for ad targeting visit:

https://www.facebook.com/help/568137493302217

2.1 How Your Information Is Used

We use the information we receive from you to:

Provide the products and services you have requested or purchased from usPersonalize and customize our contentMake improvements to our websiteContact you with updates to our website, products, and servicesResolve problems and disputesContact you with marketing and advertising that we believe may be of interest to you

Communications and Emails

When we communicate with you about our website, we will use the email address you provided when you registered as a member or user. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by sending us an email with your request to:

[email protected]

Sharing Information With Affiliates and Other Third Parties

We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. We may provide your PD to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.

Sharing Information With Facebook and Google for Marketing Purposes

We may share your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook and/or Google. Using your PD, for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours, and this helps us improve our marketing services. Your PD is only shared with Facebook and Google for this type of marketing. By using our website and agreeing to our privacy notice, you are giving your consent for your PD to be used for the marketing purposes described within this section.

Legally Required Releases of Information

We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal processes; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.

Disclosures to Successors

If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business.

We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.

Community Discussion Boards

Our website may offer the ability for users to communicate with each other through online community discussion boards or other mechanisms. We do not filter or monitor what is posted on such discussion boards. If you choose to post on these discussion boards, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you choose to disclose your PD through such postings. Also, PD you post on our website for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such information by others.

2.2 Retaining and Destroying Your PD

We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.

2.3 Updating Your PD

You can update your PD using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this privacy notice and we will help you. However, we may keep your PD as needed to enforce our agreements and comply with any legal obligations.

3. Revoking Your Consent for Using Your PD

You have the right to revoke your consent for us to use your PD at any time. Such an opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter or third-party offers you may choose to accept. If you want to revoke your consent for us to use your PD, send us an email with your request to:

[email protected]

4. Protecting the Privacy Rights of Third Parties

If any postings you make on our website contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.

5. Do Not Track Settings

Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.

6. Links to Other Websites

Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.

7. Protecting Children’s Privacy

Even though our website is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access our website. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information, we may ask for proof of identification to prevent the malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.

8. Our Email Policy

You can always opt-out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.

8.1 Our Security Policy

We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your PD. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your PD or secure data transmission over the Internet because of its nature.

We strongly urge you to protect any password you may have for our website and do not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place.

9. Use of Your Credit Card

You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

10. Transferring PD From the European Union

(PD) that we collect from you may be stored, processed, and transferred between any of the countries in which we operate, specifically Canada and the United States of America. The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. For European Union customers and users, with your consent, your PD may be transferred outside the European Union to the United States and or other countries. We will use your PD to provide the goods, services, and/or information you request from us to perform a contract with you or to satisfy a legitimate interest of our company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process, or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products, you agree to the transfers of your PD described within this section.

11. Changes to Our Privacy notice

We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise, we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change.

12. Questions About Our Privacy notice

If you have any questions about our privacy notice, please contact us using the information at the bottom of this notice.

Terms and Conditions

This web page represents a legal document and is the Terms and Conditions (Agreement) for our websites

www.alanaleephoto.com

www.theimaginatorstudio.com,

and

www.digitalproductcreators.com

(Website), including any subdomains. By using our Website (s), you agree to fully comply with and be bound by the following Agreement each time you use our Website (s).

Alana Lee Photography, The Imaginator Studio and Digital Product Creators reserves the right to modify, alter, amend, or update its website, policies, and these Disclaimers and Terms of Use. The Terms of Use may be modified or changed at any time, without prior notice to you. By using this website or any of the products or services produced by the owners of this website, you are agreeing to be bound by the most current versions of these Disclaimers and Terms of Use.

Definitions

The terms “us”, “we”, and “our” refer to Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and The Imaginator Studio.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS, AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

For Informational Use Only; Not Professional or Legal Advice

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators do not aim for this website, community, or other resources to provide legal, tax, financial, or business advice; rather, they are solely meant to be used for informative and educational purposes. You should not interpret the information on this website as professional, financial, tax, or legal advice. It is being offered as a public service.

The audience and citizens of Canada are the target audience for this website, community, and resources. We make no claims that any of the materials are accessible or suitable for use in other places, including but not limited to The United States, the European Union as defined by the General Data Protection Regulations, or any other foreign country.

Alana Lee Photography, The Imaginator Studio and Digital Product Creators are not a replacement for expert counsel. When beginning or running your own business and dealing with your personal finances, you should get the advice of the relevant legal, tax, financial, and other professionals.

General instructional and informational materials are available on this website. We are unable to modify the information to suit every circumstance or place. Ask the right professionals for guidance that is suited to your individual circumstances.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice included on The Imaginator Studio website. If you do not accept and agree to be bound by all the terms of this Agreement, including the Privacy Notice, do not use this Website or our Services.

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. The number of arbitrators shall be one.

Choice of Law

This Agreement will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

Alana Lee Photography, The Imaginator Studio and Digital Product Creators grant you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, and noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship with You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer, or franchisor-franchisee relationship between you and The Imaginator Studio.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators.

Our Content, as found within our Website and Services, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Stock Photography

Stock photography may be used on the Site – all images are being used under license through the company or creator providing the stock images.

Surveys and Contests

From time to time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip/postal code, and age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Eligibility and Registration for Membership

To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. The Imaginator Studio has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.

The Imaginator Studio reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.

Testimonials

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators may display personal testimonials of yours from time to time received via email or as otherwise received from you by The Imaginator Studio. By accepting the Terms of Use, which incorporate this Privacy Policy that you may access via this website or by request, you give Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators specific consent to use such personal testimonials. If you would like Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators to remove your testimonial or customer review at any time, please simply contact us at

[email protected]

, and we will promptly do so.

Even though these testimonies and instances are true and real, you cannot anticipate the same results. Any results that have previously been reported for clients or consumers do not assure a similar result in future representation.

Disclaimer

Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators have no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators. Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.

You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and the Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website.

You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and The Imaginator Studio or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

Benefits and Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its contents. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Warranty Disclaimer

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators are not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. The Imaginator Studio is not responsible for the online or offline conduct of any User of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators are
not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.

Under no circumstances will Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE', WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, AND/OR DIGITAL PRODUCT CREATORS INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, AND/OR DIGITAL PRODUCT CREATORS CAN NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, AND/OR DIGITAL PRODUCT CREATORS DO NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, AND/OR DIGITAL PRODUCT CREATORS.

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, AND/OR DIGITAL PRODUCT CREATORS OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, AND/OR DIGITAL PRODUCT CREATORS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE IMAGINATOR STUDIO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators are not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators will submit all necessary information to relevant authorities.

If any Member Content is reported to Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators. If the Member fails to meet such a request, Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.

You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

Upload, post, or otherwise transmit any Member Content that:

Violates any local, state, federal, or international lawsInfringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any partyHarms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionableLinks directly or indirectly to any materials to which you do not have a right to linkContains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbersContains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or ServicesContains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitationIn the sole judgment of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, our affiliates, or our Users to any harm or liability of any type

Use our Content to:

Develop a competing websiteCreate compilations or derivative works as defined under United States and/or Canadian copyright lawsRedistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanismDecompile, disassemble, or reverse engineer our Website, Services, and any related softwareUse our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws

Use of Information

You grant Alana Lee Photography, The Imaginator Studio and Digital Product Creators a license to use the information and materials you post on our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our Website

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.

Links to Other Websites

Our Website may from time to time contain links to third-party websites. The inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators have no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Payments

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Refund and Return Policy

Limited refunds will be made within 14 days of purchase upon mutual agreement between the seller and buyer should a product not be as described in the product description or determined to be faulty and/or not meet quality or technical standards. Refunds will not be issued should a customer simply change their mind and no longer wish to purchase an item or membership.

Digital Products

Due to the non-returnable nature of digital products, we do not issue refunds for digital products once the order is downloaded.

We recommend contacting us
with any questions about a product or service before making a purchase or for assistance if you experience any issues receiving or downloading our products.

Memberships

You may cancel your membership at any time and will be able to access your membership material and content until the end of your payment period (monthly or annually) for which you cancelled your membership. Refunds will not be provided for previous membership payments already paid.

European Union

If you are a resident of the European Union, you have the right to cancel the contract for a purchase of digital products for a period of 14 days following your purchase. Once you have received your refund you will not have the right to access your digital content. Please note that once you have accessed any digital download you have purchased, you no longer have the right to cancel your purchase of that digital content.

If you have any questions about our Returns and Refunds Policy, please contact us:

By email:[email protected], [email protected]

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

Disclaimer

By using this website and or blog, or making a purchase, the user agrees as follows:

The information, services, and products are sold or given to the user with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business, or financial advice to the purchaser or to the general public. The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators. Any content provided by our bloggers or authors is of their opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything.

Although we make strong efforts to make sure our information is accurate, Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators cannot guarantee that all the information on this website and or blog is always correct, complete, or up-to-date.

By purchasing any of our products or services, the user agrees to and is knowingly assuming any and all risks associated with using these products or services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES, AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED "AS IS" AND WITH ALL FAULTS AND ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO AND/OR DIGITAL PRODUCT CREATORS MAKE NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES, AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO AND/OR DIGITAL PRODUCT CREATORS. SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCTS, SERVICES, AND INFORMATION LIES WITH THE USER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO AND/OR DIGITAL PRODUCT CREATORS OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER'S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO AND/OR DIGITAL PRODUCT CREATORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANY DAMAGES THE USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO AND/OR DIGITAL PRODUCT CREATORS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES, AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators have the right to modify these terms and conditions at any time.

Cookie Policy

Performance Cookies

These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.

Functional Cookies

Media Cookies

These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.

Advertising or Targeting Cookies

Session Cookies

Persistent Cookies

We may also use cookies for:

Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.

Web Beacons

Google Ad and Content Network Privacy Notice

http://www.aboutads.info/choices/

For European users visit

http://www.youronlinechoices.euGoogle Analytics Privacy Notice

https://www.google.com/policies/privacy/partners/

You can prevent Google Analytics from using your information by opting out at this link:

https://tools.google.com/dlpage/gaoptoutGoogle

Remarketing

Why am I seeing ads by Google for products I’ve viewed?

https://support.google.com/ads/answer/2662922?hl=en

or you can opt-out using the Network Advertising Initiative opt-out page at:

http://optout.networkadvertising.org/#!/Facebook

Remarketing

https://www.facebook.com/help/568137493302217

Affiliate Disclosure

You should assume the owner of this website has an affiliate relationship and/or another material connection, to any suppliers of goods and services that may be discussed here, and may be compensated for showing ads recommending products or services or linking to the supplier's website.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

AFFILIATE MARKETING POLICY

The Imaginator Studio and its owners are participants in several affiliate programs. These programs compensate us whenever a person purchases a product or service through our specific link. The person purchasing the product or service will not be charged any additional fees. The Imaginator Studio will never promote anything that we do not use and love.

Affiliate Agreement

1.0 AGREEMENT. Thank you for being an Affiliate of our organization. We are happy to have you! This agreement outlines our working relationship so we can both have clear expectations.

This license agreement is made between You, the Affiliate, and the Company, The Imaginator Studio, owner of www.theimaginatorstudio.com and related domains, a sole proprietorship hereafter referred to as the “Company.” The purpose of this Agreement and the program is to permit the Affiliate to earn money by advertising and promoting Company’s products on Affiliate’s site and/or social media platforms and/or in-person, hereafter known as “Site” and to earn fees for purchases made by Affiliate’s end-users through a specific unique URL assigned to Affiliate, (“Link”) and/or discount code that tracks the Affiliate’s related sales, (“Discount Code”). This agreement also licenses the rights to the use of certain physical or digital assets that may be made available to Affiliates.

2.0 ENROLLMENT AND PROHIBITED CONTENT. Affiliates may not have objectionable content on their sites or platforms at any time. If any affiliate content contains objectionable content, the company may terminate this agreement. Objectionable content includes content that:

a. promotes or contains sexually explicit materials;

b. promotes violence or contains violent materials;

c. promotes or contains libelous or defamatory materials;

d. promotes discrimination, or employs discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

e. promotes or undertakes illegal activities;

f. include any of the Company’s trademarks or copyrights, or a variant or misspelling of a trademark or copyright of ours, in any domain name, subdomain name, or in any username, group name, or other identifiers on any social networking site without explicit permission; or

g. otherwise violates intellectual property rights.

3.0 AFFILIATE DUTIES. We value transparency in our marketing activities, which includes influencer and affiliate marketing practices. Affiliate is responsible for disclosing that any links or coupon codes provided on the Affiliate Site, blog post, media, post, story, slide, or platform are affiliate links in accordance with Section 5 of the Federal Trade Commission Act.

Affiliates must clearly disclose that they are Affiliates and that they may earn fees for purchases made through the Link. This disclosure must be clear and conspicuous and must be made in close proximity to the placement of a link or discount code and must be present on each slide/story and spoken verbally at the beginning and end of long-form video/audio content. Disclosures can be with the text “affiliate” or #affiliate, and/or other natural language equivalents that clearly disclose the relationship between Affiliate and Company. Please be transparent with your audience about your experience with Company’s products and how you want to solve a problem and support your own content/business in the process at no extra cost to the customer.

The Affiliate is solely responsible for the development, maintenance, and operation of the Affiliate’s Site and for placing links or coupon codes on Affiliate’s Site in compliance with the terms of this Agreement. Affiliate is responsible for all materials that appear on Affiliate’s Site and for ensuring that such items do not infringe upon the rights of any third party including, but not limited to, copyright, trademark, privacy, or other proprietary rights.

4.0 PROHIBITED USES. The following are prohibited and are grounds for immediate termination of the Affiliate’s participation in the Program:

4.1.Using the logo, logo marks, or other Company Site/branding imagery without permission from the Company, other than using the provided graphics/talking points/media to promote offerings;

4.2.Using Company’s name, domain, product names, collection, slogans, or any other intellectual property " in ANY variation in an Affiliate Site URL;

4.3. Failing to

clearly and conspicuously disclose Affiliate status in communications to users (whether it is on your site, social media outlets, emails, or otherwise), including using the language required in Paragraph 3 above;

4.4. Misrepresenting or embellishing the relationship with the Company (including by expressing or implying that Company supports, sponsors, endorses, or contributes to any charity or other cause), or expressing or implying any relationship or affiliation with the Company except as expressly permitted by Agreement or implying any third-party celebrity or influencer endorsements without express written permission;

4.5. Using spam email and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

Email addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an affirmative opt-in subscription (do not harvest email addresses without consent from the users to opt-into marketing messages);Messages posted to Usenet, forums, Twitter, Facebook, and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. If a forum owner or moderator complains that an affiliate has spammed, the Affiliate account may be permanently terminated after investigation.Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;Certain offline activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

5.0 PROMOTIONAL MATERIALS. The Company may make available to Affiliate certain button links, text links, and/or other graphic or textual material for display and use on the Affiliate Site
(the “Promotional Materials”) as appropriate.
Affiliates can also include a link or tag from the Promotional Materials to Company’s Site, as specified by the Company. The Affiliate’s use and display of the Promotional Materials on the Affiliate’s Site shall conform to the following terms, conditions, and specifications:

5.1. Affiliate may only use the Promotional Materials for the purpose of promoting the Company’s Site (and the products and services available thereon), and for linking to Company’s Site.

5.2. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials provided by Company. If the Affiliate wishes to alter or otherwise modify the Promotional Materials, the Affiliate must obtain prior written consent from the Company for such alteration or modification.

5.3. The Promotional Materials will be used to link only to Company’s Site, to the specific website page specified by the Company.

6.0 LIMITED LICENSE TO USE INTELLECTUAL PROPERTY. Upon acceptance into the Affiliate Program, Company grants the Affiliate a revocable, non-exclusive, worldwide, royalty-free license to use the Promotional Materials, including hashtags, logos, taglines, slogans, and graphics. The Affiliate may display these materials on the Affiliate’s Site for the sole purpose of participating in the Program. The Affiliate is prohibited from distributing, reproducing, modifying, amending, or creating derivative works of the Promotional Materials for any other purpose other than promoting the Company. Upon termination by either party, the Affiliate’s limited license to use the Promotional Materials for the purpose of promoting the products and/or services offered through the Affiliate Program will cease as of the termination date. Upon the termination date, the Affiliate must immediately cease any use of the Promotional Material. The Affiliate is not granted a license to use any of the Company’s intellectual property or proprietary material, other than the Promotional Materials discussed above.

7.0 CUSTOMER SERVICE. The Company will handle all aspects of customer service for customers who purchase through the Link or Discount Code including customer inquiries, product orders, customer billing and collection, and product shipment/delivery. Company reserves the right to change the Company’s policies and procedures, and pricing structure, add or cancel any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to the Affiliate or customers purchasing through the Link or Discount Code.

8.0 FEES. Affiliate will be paid a referral fee (“Fee”) or commission (“commission”), for each customer who completes a purchase on the Company Site using the unique Link/Discount Code assigned to the Affiliate.
The Affiliate shall be paid Fees only on sales that are tracked through the Company’s online tracking system and indicate the Link as the source.

The Fee rate will differ depending on the product and terms of your Affiliate Agreement. The most up-to-date information will be outlined in your Affiliate Agreement. Cookie length is a lifetime. The Company reserves the right to change and amend the Fee rate structure at any time. The Company will notify the Affiliate of any such changes at the email address then-currently associated with the Affiliate.

Fees are not paid on, and will not include, a sale to Affiliate himself or herself; meaning Affiliate cannot purchase the Product for his or her own use or others through his or her link and receive a Fee on that sale. All sales and Fees are tallied by Company, and credit due to the Affiliate, and all the final sales and Fees are at the sole discretion of the Company.

Fees will be paid to the Affiliate automatically after the sale. Fees will be adjusted for orders that are canceled, returned, or where payment is otherwise refunded to the purchaser. All payments will be made to the Affiliate’s PayPal account unless other arrangements are approved by the Company. If the Affiliate’s PayPal email changes, it is the Affiliate’s responsibility to notify the Company of any changes to the Affiliate email. The Company will not resend payments that were sent to an incorrect outdated email address.

9.0 RELATIONSHIP BETWEEN PARTIES. Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to make or accept any offers or representations on Company’s behalf. Affiliate will not make any statement, whether on its Site or otherwise, that reasonably would contradict this statement.

10.0 COMPLIANCE WITH LAWS. In connection with the Affiliate’s participation in the Program, the Affiliate will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003). Affiliate is responsible for all taxes arising from compensation and other amounts paid under this Agreement.

11.0 TERM AND TERMINATION. The term of this Agreement begins when the Affiliate accepts or begins participating in the Program. Either Company or the Affiliate may terminate this Agreement at any time, with or without cause by providing a written notice (email is sufficient) to the other party. The date the notice is sent will be the Termination Date. Failure to comply with the terms of this Agreement will result in immediate termination of this Agreement by the Company and forfeiture by the Affiliate of any accrued, unpaid commissions. Company shall pay any pending commissions owed to Affiliate through the Termination Date if a cancellation of this Agreement occurs for any reason other than a violation of this Agreement on the part of the Affiliate. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and Affiliate will immediately cease use of, and remove from the Affiliate site, all Links to the Company Site, and all trademarks and logos, other marks, and all other materials provided in connection with this Program.

12.0 MODIFICATION. The Company may modify any of the terms and conditions within this Agreement at any time and at its sole discretion. These modifications may include but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures, and the Program rules. If any of the modifications are UNACCEPTABLE TO AFFILIATE, your only recourse is to terminate this Agreement. If the Affiliate CONTINUES PARTICIPATION IN THE PROGRAM, it will be considered as acceptance of the change by the Affiliate.

13.0 LIMITATION OF LIABILITY

13.1. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO AFFILIATE FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

13.2. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

13.3 THE FOREGOING LIMITATIONS IN THIS PARAGRAPH
SHALL NOT APPLY TO THE OBLIGATIONS UNDER PARAGRAPHS 6 or 7.

14.0 INDEMNIFICATION. The Affiliate hereby indemnifies and holds harmless the Company, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Company may incur and which are based in whole or in part upon the Affiliate’s participation in the Program, any claims that any of the Affiliate trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Affiliate breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Program, or any claim related directly or indirectly to the Affiliate use, operation, or the content of the Affiliate’s Site.

15.0 DISCLAIMERS. The Company makes no express or implied warranties or representations with respect to the Program or an Affiliate's potential to earn income from the Program. In addition, Company makes no representation that the operation of the websites, platforms, Links, or Discount Codes will be uninterrupted or error-free.

16.0 SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

17.0 WAIVER. The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.

18.0 APPLICABLE LAW AND JURISDICTION. Any dispute relating in any way to the Program or this Agreement will be resolved by binding arbitration according to the AAA rules of Arbitration, rather than in court. The laws of the Province of Ontario, Canada, shall govern this Agreement.

19.0 ASSIGNABILITY AND PARTIES OF INTEREST. No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other Party. Nothing in this Agreement, express or implied, will confer upon any person or entity not a Party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.

By executing this agreement, the Affiliate acknowledges that she or he has read this Agreement and agrees to all its terms and conditions. Affiliate independently evaluated this program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Course, Template, Graphics, Image & Digital Product Policies

Terms and Conditions of Purchase

These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing any digital products and/or education, courses, events, or workshops at www.alanaleephoto, www.theimaginatorstudio.com, www.digitalproductcreators.com, and its sub-domains and affiliated sites, as well as Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators ("Alana Lee Photo", “The Imaginator Studio”, "Digital Product Creators", "Alana Lee", "Jessica Lee", “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Instagram®, Pinterest®, Google Plus®, and YouTube® or any other affiliated social media account or website (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators and other associated materials and sites linked hereto and operated or controlled by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, (herein referred to as “Company”), and you regarding your purchase of video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). These Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the Terms and Conditions; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.

THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.

1. PRICES AND PAYMENT TERMS

The prices for the Program shall be as stated:

The price for the program is located on the sales page of the website: www.alanaleephoto.com,www.theimaginatorstudio.com,and/or www.digitalproductcreators.comPayment shall be made by credit card, Stripe, or Paypal account.Upon purchase, you will receive a link or email to create an account where the online course is hosted. Your account is for your personal use only. Only one person may access and use the Product.

2. REFUND POLICY

Digital Products

Due to the non-returnable nature of digital products, we do not issue refunds for digital products once the order is downloaded.

We recommend contacting us
with any questions about a product or service before making a purchase or for assistance if you experience any issues receiving or downloading our products.

Memberships

European Union

3. INTELLECTUAL PROPERTY

You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that is owned by The Imaginator Studio and/or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and The Imaginator Studio will prosecute such misconduct to the fullest extent permitted by law.

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators
provides you with the Products solely for your own personal or limited commercial use (see below), and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement.

You may use my products for non-commercial personal projects such as photo editing, scrapbooking, invitations, cards, paper crafts, photo books, or other personal projects. Your final derivative products of these projects may be distributed among family or friends, however, the original item purchased from my store cannot be distributed to family, friends, or other third parties as-is.

You CAN share your image, but you MUST include your own subject and/or watermarked background or overlay every time you share (The original product may not be shared as-is, in such a way that would allow others to extract or distribute the original image).

Commercial use (for example by photographers to use for creating images for clients) DOES NOT require the purchase of any additional licensing, however, this is NOT A MERCHANT RESOURCE (You cannot create tangible printed products such as fabric, paper, or canvas backgrounds or digital backgrounds, overlays, templates, regular printed backgrounds (example on canvas, fabric or paper), inserts, cut-outs, pngs, transparent objects, physical products such as clothing or items like phone cases, mugs, stickers or other objects in any part or whole to sell or give away).

You may not share or distribute your downloads to any other person. You may NOT claim my files as your own, resell, repackage, gift, share or distribute them in any way or form such as stock photography or sharing with other photographers. You cannot use products for online editing services or to create competitive products. You CAN NOT use these products in any tutorials, workshops, demonstrations or other educational formats (please contact us if you wish to do so to make arrangements for additional extended licensing).

You will not use any Product Content in a manner that constitutes an infringement of The Imaginator Studio's rights or that has not been authorized by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

It is your responsibility to back up your digital product download should you require it in the future. Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators and its owners/associates are not responsible for lost files, or for any direct or indirect loss/damage arising from the use of our products in whatever form.

Please note: some of our products may be generated by AI (artificial intelligence) or other artistic means, resulting in products that MAY have some irregularities, flaws, and inconsistencies. These imperfections may be more noticeable in larger print formats, thus our products are not intended for large-scale printing or creating physical backdrops. By purchasing products from this store you are agreeing that you understand there may be some imperfections.

We do not guarantee the quality of the results of any digital or printed images created with our products. You are responsible for learning and mastering the editing skills required to use these products.

By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, the Products, or the Product Content, or infringe on any of The Imaginator Studio’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators and/or its licensors, which reserve all of their rights, title, and interest in law and equity.

THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, DIGITAL PRODUCT CREATORS AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators (the “The Imaginator Studio's Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the trademark as part of a link to or from any site is prohibited unless the establishment of such a link is approved by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators’ Trademarks inures to our benefit.

4. THIRD-PARTY MATERIALS AND WEBSITES

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators will not be liable for your improper use of third-party materials and websites. Any affiliate links that are linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links.
Company marks (whether or not registered) may not be used for any reason without written permission. The client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without the permission of the Company.

5. REPRESENTATIONS AND WARRANTIES

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO AND/OR DIGITAL PRODUCT CREATORS DO NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

LIMITATION OF LIABILITY.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: ALANA LEE PHOTOGRAPHY, THE IMAGINATOR STUDIO, DIGITAL PRODUCT CREATORS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

6. ADDITIONAL TERMS AND CONDITIONSA. GOVERNING LAW.

The Parties have entered into this Agreement in the Province of Ontario and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement, shall be determined in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to, or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the Province of Ontario, and that venue of any action will be located in the District Court

B. BINDING EFFECT.

This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.

C. TERMINATION.

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators are committed to providing all customers with a positive experience. If you fail, or Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators suspects that you have failed, to comply with any of the provisions of this Agreement, Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in the program without refund; and/or (b) terminate this Agreement. Your obligations to Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators under this Agreement will survive expiration or termination of this Agreement for any reason.

D. MODIFICATIONS AND AMENDMENTS.

Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators’ website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at

[email protected]

E. INDEMNIFICATION.

To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.

F. BINDING ARBITRATION.

ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE PROVINCE OF ONTARIO, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

G. EQUITABLE RELIEF.

You acknowledge and agree that in the event of a breach or threatened violation of Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators’ intellectual property rights and confidential and proprietary information by you, Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Toronto, Ontario, Canada for purposes of any such action by Alana Lee Photography, The Imaginator Studio and/or Digital Product Creators.

H. ENTIRE AGREEMENT, COMPLIANCE WITH LAW, WAIVER.

This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements, or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors, and assigns, and may not be assigned to any third-party beneficiary. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

UPDATES & CONTACT INFORMATION

Our Privacy Policy, Terms, and other legal statements may change from time to time and all updates will be posted on this page. Any questions regarding the above Terms, Legal Statements or Privacy Policy may be directed to:

[email protected]

or at 7864 Hwy 28, Campbellcroft, ON. Canada L0A 1B0

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