Terms & Conditions

Terms & conditions

END USER LICENSE AGREEMENT

Date: March 1, 2021

This End User License Agreement is a valid agreement between You and the Company. Please, read this EULA carefully. The rules of the EULA are binding upon You. If You do not agree to be bound by the rules of the EULA, please, do not use the Scripts or delete it from the Device, if You have already installed it. If You continue to use the Scripts, this will mean that You have read and understood the EULA and agree to be bound by it.

DEFINITIONS AND TERMS
In order to understand the rules of the EULA clearly you shall familiarize yourself with the meaning of terms used in the EULA. In this EULA the following terms, when capitalized, shall have the following meanings:

  1. “Scripts”, means an application to edit images to create a specific altered appearance.

  2. “Company”, “We” – means McleodStudiosNambia, a company incorporated at the following address: Erf 495, Unit 28, Sunset Sails, Longshore street, Long Beach, Walvis Bay, Namibia, Africa.

  3. “Content” – means all kinds of content, including, among other, data, texts, images, videos, sounds, links, software and other pieces of information in any form, which are made available to You.

  4. “Device” – means a smartphone, a tablet or another similar mobile device that You either own or otherwise legally control exclusively for Your personal non-commercial use.

  5. “EULA” – means this End User License Agreement, which is a binding agreement between You and the Company. The EULA may incorporate other documents, such as Privacy Policy that regulate relations between You and Us with regard to using the Scripts. If a document represents a part of the EULA, it has a clear indication thereof.

  6. “Intellectual Property Rights” – means, collectively, rights under any patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.

  7. “You” – means an individual using the Scripts.

  8. We may introduce changes to this EULA from time to time.

  9. If You do not agree with the terms of the updated EULA, You are not allowed to use the Scripts, starting from the day, on which the updated EULA takes effect.

  10. “The Photographer” shall mean Vic Engelbrecht.

  11. “The clients” shall be those persons defined.


DEVICE

  1. If You intend to download onto and/or run the Scripts on any Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with this EULA whether or not You own the Device.

  2. If You do not own the Device, You are allowed to install and/or use the Scripts only through Your Account.

  3. If You use the Device together with other people, please, make sure that nobody except You can use the Scripts from Your  Account. All actions taken in Your Account are considered Your actions in disregard of who actually takes such actions. You are fully responsible for all actions taken in Your Account.

  4. If You decide to sell or otherwise dispose of the Device, You shall delete the Scripts from the Device.


INTELLECTUAL PROPERTY

  1. We hereby grant You a non-exclusive, personal, limited, revocable and non-transferable license to access, download and run the Scripts only on Your Device, provided that You agree to comply with all the terms and conditions of this EULA. Please, take into consideration that the Scripts is licensed, not sold, to You.

  2. The Company or the licensor of the Company is the only holder of Intellectual Property Rights with regard to the Scripts. The Company retains all rights, title and interest in and to the Scripts and reserves all rights not expressly granted to You in this EULA.

  3. You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy, or in any other way transfer or grant any rights to the Scripts to any third party.

  4. You may not distribute or make the Scripts available over any network where it could be downloaded or used by multiple users at the same time, except when it is expressly authorized by Us.

  5. You may not use any automatic or manual device or process to interfere with the proper working of the Scripts. However, You may use any kind of device or process to delete the Scripts from Your Device.

  6. You may not decompile, disassemble, reverse engineer or create derivative works of the Scripts or any parts thereof. All modifications or enhancements to the Scripts remain the sole property of Company.

  7. You may not use the Scripts in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA or act fraudulently or maliciously.

  8. The content of any update, supplement or new version of the Scripts is determined exclusively by the Company. Under no circumstances do We accept any orders, requires or requests for further development of the Scripts. We reserve the right to modify or discontinue any part, or function, or feature of the Scripts at Our own discretion with or without a prior notice.

  9. If We introduce certain features or functions of the Scripts, We may need to set certain rules for using such features or functions. In this case We will introduce changes to the EULA that will take effect on the day when such features or functions are released.


SUBSCRIPTION.
This Scripts as a whole or its certain part (additional Content) is provided on a once-off paid basis.


FEES AND PURCHASE TERMS

  1. The costs of all Scripts are available on the web-page.

  2. When You purchase a Scripts, the Platform Administrator charges Your Account and collects money on Our behalf. The payment is processed by a payment processing system implemented by the Platform Administrator.

  3. Please, kindly notice that We neither process Your payment nor have any access to Your payment information, such as, among other, Your bank card data, Your name or any other related information.

  4. Should You have any question with regard to payment processing, please, submit Your issue to user support service of the Platform Administrator.

  5. Please, kindly notice that We do not make refunds. The digital content is made available to You immediately after the Subscription fee is charged to Your Account.


DISCLAIMER

  1. To the fullest extent permitted by applicable law, We and Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in Our Scripts or created by the services.

  2. The Content in Our Scripts is provided to You on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use. We do not guarantee that You will attain any anticipated result from the use of the Scripts.

  3. We make no warranty that:

  4. The Scripts will meet Your requirements;

  5. The Scripts will be error-free, secure, or uninterrupted;

  6. the quality of the Scripts will meet Your expectations.


TRANSFER OF RIGHTS

  1. We may transfer Our rights and obligations under this EULA to any other organization or individual without Your consent. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the EULA.

  2. You may only transfer Your rights or Your obligations under this EULA to another person if We agree in writing.


YOUR VIOLATION OF THE EULA

  1. We may end Your rights to use the Scripts at any time by contacting You if You have broken the rules of this EULA in a serious way. If what You have done can be put right We will give You a reasonable opportunity to do so.

  2. If We end Your rights to use the Scripts:

  • You must stop all activities authorized by this EULA, including Your use of the Scripts; and

  • You must delete or remove the Pre-set from all Devices and immediately destroy all copies of the Scripts which You have and confirm to Us that You have done this.


MISCELLANEOUS

  1. Each of the paragraphs of this EULA operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

  2. Even if We delay enforcing this EULA, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this EULA terms, or if We delay taking steps against You in respect of Your breaking the EULA, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

  3. This EULA shall be governed and construed in accordance with the laws of Namibia, to its conflict of law provisions.

  4. If any dispute, controversy or difference arises between You and the Company, it shall be settled amicably through negotiations. In case such dispute, controversy or difference cannot be settled amicably through negotiations within a thirty 30-day period it shall be shall be settled by the Namibian Arbitration Association in accordance with its International Expedited Procedures.

  • The number of arbitrators shall be one.

  • The place of arbitration shall be Walvis Bay, Namibia, Africa.

  • The arbitration shall be held and the award rendered, in English.

  • The appointing authority shall be the NAA acting in accordance with the rules adopted by the NAA for this purpose.

  • Each party (i.e. You and the Company) shall bear its own expenses, but the parties shall share equally the expenses of the arbitration tribunal.

Support. If You want to learn more about the Scripts or have any problems using it, please, contact Us at info@mcleodstudiosnamibia.com.


COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.  

DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements. 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.

iii. For a booking involving certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. 

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

 

PAYMENT

i. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. Payment in full of the remaining balance will be due before the day of the event. 

iii. Additional goods ordered must be paid for in full at the time of ordering. 

iv. Titles to all goods remains with the photographer until paid for in full by the client(s) 

FORCE MAJEURE

i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. 

ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. 

DIGITAL NEGATIVE FILES

i. All digital negatives (computer files) remain the property of the photographer.

ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

ON THE DAY

i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.

PERSONAL ACCIDENT

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

CANCELLATION FEES

i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation: 

ii. Cancellation from the booking date and more than two weeks to go until the event, 50%the booking fee. 

iii. Cancellation with less than two weeks to go until the event date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. 

DELIVERY

i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 1-2 weeks during busy periods.

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Contact us

Vic Engelbrecht - Business Owner

Call / WhatsApp: +264817362220 

 Email: info@mcleodstudiosnamibia.com

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