Terms of service

Overview

This website is operated by Justin Choquette ("we", "us", "our"). We offer this website, including all information, tools, products and services available from it, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and policies referenced here or available by hyperlink (our Refund Policy, Shipping Policy and Privacy Policy). These Terms apply to all users of the site, including browsers, customers and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all of them, you may not access the website or use any services. Any new features or tools added to the store are also subject to these Terms. We may update, change or replace any part of these Terms by posting updates on this page. Your continued use of the website after any change constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

Section 1 - Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your province, state or country of residence, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses or code of a destructive nature. A breach of any of the Terms will result in immediate termination of your Services.

Section 2 - Digital products and licence

All products sold here (Lightroom presets, video LUTs, guides and related files) are digital goods delivered by download. When you buy a product you receive a personal, non-exclusive, non-transferable licence to use the files in your own photo and video work, including client and commercial projects, on the devices you personally use.

You may not share, resell, redistribute, sublicense, rent, give away or upload the files, in whole or in part, modified or unmodified, whether for free or for payment. You may not include them in another preset pack, LUT pack, app, plugin or template. You may not use the files to train or build a competing product. Each licence is for one person; a team or studio needs a licence per user. Ownership and copyright of the files remain with Justin Choquette.

Because the products are digital downloads, all sales are final. See our Refund Policy for details and for the EU right-of-withdrawal notice.

Section 3 - General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. Headings are for convenience only.

Section 4 - Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information.

Section 5 - Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 6 - Products

Products are available exclusively online through this website. We have made every effort to display the colours and results of our presets and LUTs as accurately as possible using real, unretouched before-and-after examples. We cannot guarantee that your monitor or phone display will be accurate, or that results on your own footage will match the examples, since every camera, profile and exposure is different. We reserve the right to limit sales of our products to any person, region or jurisdiction, to change descriptions or pricing at any time, and to discontinue any product at any time.

Section 7 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us and to limit or cancel quantities purchased per person, per household or per order, including orders that appear to be placed by resellers. You agree to provide current, complete and accurate purchase and account information, including a working email address, so we can deliver your files and contact you if needed.

Section 8 - Optional tools and third-party links

We may provide access to third-party tools and links (for example, Adobe Lightroom, DaVinci Resolve, Premiere Pro, Final Cut Pro, CapCut, or other websites) over which we have no control. They are provided "as is" and "as available" without warranties of any kind. We are not responsible for third-party content, products or services, and any transactions with third parties are between you and them.

Section 9 - User comments, feedback and submissions

If you send us creative ideas, suggestions, reviews or other materials ("comments"), you agree that we may edit, copy, publish, distribute and otherwise use them in any medium without restriction or compensation. You agree your comments will not violate any third-party right, will not be unlawful, abusive or obscene, and will not contain malware. You are solely responsible for your comments.

Section 10 - Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, inaccuracies and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability. We reserve the right to correct any errors and to change information or cancel orders if any information is inaccurate, without prior notice, including after you have submitted your order.

Section 12 - Prohibited uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, provincial or state regulations or laws; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, defame, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, scrape or crawl; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of these.

Section 13 - Disclaimer of warranties; limitation of liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained from our products will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service and the products is at your sole risk. The Service and all products are provided "as is" and "as available" without any representation, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In no case shall Justin Choquette, or any affiliates, contractors, suppliers or service providers, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost data or replacement costs, arising from your use of the Service or any product, even if advised of their possibility. Where a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law, and in any case shall not exceed the amount you paid for the product in question.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Justin Choquette and any affiliates, contractors, licensors and service providers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

Section 16 - Termination

The obligations and liabilities incurred prior to the termination date survive termination. These Terms are effective until terminated by you or us. If in our sole judgment you fail to comply with any term, we may terminate this agreement at any time without notice and may deny you access to our Services.

Section 17 - Entire agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of it. These Terms and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.

Section 18 - Governing law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Nothing in these Terms limits any non-waivable consumer rights you may have under the laws of your own province, state or country, including in the United States and the European Union.

Section 19 - Changes to terms of service

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.