INTRODUCTION The https://www.forma-evergreenfilm.com/ website includes LUTS, and other items (collectively, “Products”) created by or licensed to evergreen di Pansera Luigia (“Forma by evergreenfilm”) that are available for purchase, subject to the payment of fees.The following terms and conditions (referred to as the “Terms & Conditions” or the “Agreement”) govern your use of the Website and any Products and form a binding agreement between Forma by evergreenfilm and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as “you”). By using the Website or purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them.
If you purchase a Product, you will also be asked to accept Terms of Service that appear during the checkout process. In the event of any inconsistency between this Agreement and the Terms of Service with respect to purchasing Products, the terms of the Terms of Service shall control. In the event of any other inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall control.Forma by evergreenfilm reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products.
USE OF THE WEBSITE The Website is owned and operated by evergreen di Pansera Luigia. The material used and displayed on the Website is the property of evergreen di Pansera Luigia, and it is protected by copyright, trademark and other laws. The Website and its contents, including Products and any images used on the Website (“Images”), may not be copied or reproduced without the prior written consent of evergreen di Pansera Luigia. Using the Website, Products or Images other than for a permitted purpose is prohibited. For example, you are not allowed to use the Website or its content, including without limitation, the Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Products, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Products, or any related website, other websites, or the Internet. evergreen di pansera luigiareserves the right to terminate your use of the Website, the Products or any related website for violating any of the prohibited uses.
You are not allowed to share, distribute, copy, transfer, sell or re-license any of our Products or Services. You are also not allowed to modify or alter any Product or Service that you license and then resell it as your own product or service. Evergreen di Pansera Luigia will consider such conduct to not only violate these Terms & Conditions, but also as an infringement of evergreen di Pansera Luigia’s intellectual property and proprietary rights and evergreen di Pansera Luigia reserves our rights to take any necessary steps, including asserting a legal action against you, in order to protect our rights. If you purchase a license to use any Product or Service, you are acquiring 1 seat license authorizing a maximum of 1 natural persons and/or computers within your organization to use that Product or Service. If you require additional seats, please contact us at firstname.lastname@example.org
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of evergreen di Pansera Luigia and are protected by national copyright laws, international treaty provisions and other applicable laws. Other than as expressly permitted by evergreen di Pansera Luigia, Products may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. You cannot use a Product for any purpose unless you purchase it. Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or evergreen di Pansera Luigia intellectual property and proprietary rights and you are responsible for any fees, damages or compensation arising from any unauthorized use.
PAYMENT All Sales are final, there are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees. Please be sure that any Product you are purchasing is compatible with your software or camera files (requirements are listed on the Product page), there are no refunds, exchanges or returns for incompatibility. After purchase, Products are delivered as a digital download. Evergreen di Pansera Luigia encourages you to make a backup copy of your downloaded Products, but no other copying or reproducing of Products is permitted. All published prices and sales are in EURO Currency. Evergreen di Pansera Luigia cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer.
DISCLAIMERS AND LIMITATION OF LIABILITY Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free. Linked Websites. Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website.
LIMITATION OF LIABILITY. Except for the indemnification to you set forth below, to the maximum extent permitted by law, evergreen di pansera luigia will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. evergreen di pansera luigia liability to you in any circumstances will be limited to the amount you paid for the relevant Product.
WARRANTIES AND INDEMNIFICATION Warranties to You. evergreen di pansera luigia has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party. Your Warranties to evergreen di pansera luigia. You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement. Indemnification by evergreen di pansera luigia. Subject to any disclaimers set forth above, provided that a Product is used in accordance with these Terms & Conditions and you are not in breach of this Agreement, evergreen di pansera luigia will defend and indemnify you from any damages, liabilities and expenses (including reasonable outside legal fees) incurred by you in connection with any actual lawsuit or legal proceeding alleging that evergreen di pansera luigia is in breach of any of the warranties provided in this Agreement. Indemnification by You. You will indemnify and hold harmless evergreen di pansera luigia from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorized or prohibited access to computer systems or data.Indemnification procedure. The party seeking indemnification (the “Indemnitee”) will promptly notify the other party (the “Indemnitor”) in writing of any claim that is eligible for indemnification. The Indemnitee, at its sole option, may assume the handling, settlement or defense of any claim, and the Indemnitor will cooperate in the defense of any such claim if requested by the Indemnitee. The Indemnitee will have the right to participate in such claim, at its expense, using the counsel of its choice. The Indemnitor will not be liable for legal fees and other costs incurred prior to the Indemnitee giving notice of the respective claim. evergreen di pansera luigia will not be liable for any losses arising from your failure to stop using any Product if so required in order to mitigate any potential damages.