Terms of Engagement

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Twisted Willow Studio (Gayle Clearwater) (defined below), which governs your use of Products (defined below) obtained by purchase through this website at twistedwillowstudio.nz, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and ““your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Twisted Willow Studio (Gayle Clearwater), LLC, doing business as Twisted Willow Studio (Gayle Clearwater).

“Products” referred to by these Terms include but are not limited to contract forms, templates, communications, workshops, printed work, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Twisted Willow Studio (Gayle Clearwater).  All such Products are the intellectual property of and are owned by Twisted Willow Studio (Gayle Clearwater). (defined below)

By purchasing any Product or service, you agree to be bound by these Terms, without any other conditions. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Twisted Willow Studio (Gayle Clearwater)’ Products immediately.

Understand that by using the Site, any Products, services, or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter a valid contract.

WHAT WE DO

Twisted Willow Studio (Gayle Clearwater) is a resource through which you may obtain portrait photography services, printed photographic images and or not limited to (legacy prints, framed wall hangings, gift prints, canvas prints and any and all other product or service offered by Twisted Willow Studio (Gayle Clearwater).

 PRIVACY POLICY

Twisted Willow Studio (Gayle Clearwater) permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: https://www.twistedwillowstudio.nz/privacy-policy, which is incorporated herein by reference.

Twisted Willow Studio (Gayle Clearwater) will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Twisted Willow Studio (Gayle Clearwater) will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Twisted Willow Studio (Gayle Clearwater) is the sole manager of such information collected on the Site.  Twisted Willow Studio (Gayle Clearwater) will use such information to respond to you as necessary.  You grant Twisted Willow Studio (Gayle Clearwater) a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish, and translate this personal information solely as necessary to fulfil your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Twisted Willow Studio (Gayle Clearwater) to help support the maintenance of the Site.  Twisted Willow Studio (Gayle Clearwater) does not assume responsibility for or endorse any contents, products, services, or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Twisted Willow Studio (Gayle Clearwater) from any loss or damage incurred from dealing with such affiliate.

INTELLECTUAL PROPERTY LICENSE

Twisted Willow Studio (Gayle Clearwater) owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Twisted Willow Studio (Gayle Clearwater)’ services, and; (d) any other intellectual property rights afforded to Twisted Willow Studio (Gayle Clearwater), either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Twisted Willow Studio (Gayle Clearwater) does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Twisted Willow Studio (Gayle Clearwater)’ Intellectual Property in anyway and understand that it is your responsibility to ensure you refrain from doing so.  Twisted Willow Studio (Gayle Clearwater) will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Twisted Willow Studio (Gayle Clearwater) grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Template Products you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

1. Twisted Willow Studio and Gayle Clearwater has all-inclusive ownership, authorship, digital rights, intellectual rights, copyrights, moral rights, this includes but not limited to digital files, printed works, social media files that Twisted Willow Studio and Gayle Clearwater has photographed including commission work. Under the authorship 1994 Act.

2. Twisted Willow Studio and Gayle Clearwater opts out or contracts out Copyright Act, 1994

3.  do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

4. do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Twisted Willow Studio (Gayle Clearwater) is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Twisted Willow Studio (Gayle Clearwater) will not reimburse you for such downloads.  Twisted Willow Studio (Gayle Clearwater) will, one time, at your request, send a 24-hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Twisted Willow Studio (Gayle Clearwater).

 CONTACT

By using the Site and entering personal information, you give Twisted Willow Studio (Gayle Clearwater) permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Twisted Willow Studio (Gayle Clearwater) know by emailing us at gayleclearwater@gmail.com and we will kindly refrain from doing so.

CANCELLATIONS/RESCHEDULING

If for any reason you cancel your sitting, you will forfeit any deposits and or payments made up till that time of cancellation or 1/2 of the sitting fee and if external services are agreed upon, you will be liable for the reimbursement of these costs and any other associated costs outline in your agreement, if no deposit has been paid. If you reschedule the date of your sitting to a date that I am not available, it will be considered a cancellation and the above policy applies.

RETURN/REFUND POLICY

You acknowledge that all products, services, and materials are non-refundable and not returnable, under any circumstances.  All sales are final. 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. TWISTED WILLOW STUDIO (GAYLE CLEARWATER) OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  TWISTED WILLOW STUDIO (GAYLE CLEARWATER) MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

CONSUMER GUARANTEES ACT 1993

The Consumer Guarantees Act 1993 may apply to the Photographic Works provided by the Photographer if the Client acquires those Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in the Agreement will limit or exclude the Client’s rights under this Act.

If the Client is acquiring the Photographic Works for business or trade purposes, then the Client’s rights are subject to the Agreement only and the Consumer Guarantees Act 1993 shall not apply. PHOTOGRAPHER NOT LIABLE FOR LOSSES

Except as provided by the Consumer Guarantees Act 1993, the Photographer shall not be liable for:

a Any loss or damage arising by reason of any delay in the completion of the Photographic Works; or b Any loss of profits or revenues; or

c Any indirect or consequential loss of whatever nature; or

d Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, TWISTED WILLOW STUDIO (GAYLE CLEARWATER) SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO TWISTED WILLOW STUDIO (GAYLE CLEARWATER), SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of New Zealand.   Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Southland, New Zealand.  Twisted Willow Studio (Gayle Clearwater) reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Twisted Willow Studio (Gayle Clearwater)’ Products, Materials, and services.

Any questions regarding the above Terms may be directed to:  gayleclearwater@gmail.com