The terms and conditions governing your use of the data, content, videos, products, filters, presets, actions and other services (collectively, the “Services”) provided by Catherine Simard (courses.cathsimard.com) as part of the platform, website, and other software and image processing applications and functionalities through which the Services are accessed (collectively, the “Site”) are set forth in these Terms and Conditions of Use (“T&Cs”). Please read these T&Cs carefully before you use the Services or the Site. By using the Services or accessing the Site, you (“you”, “yourself” or “your” as appropriate) agree to be bound by the terms and conditions of these T&Cs, and any terms incorporated by reference herein. If you do not agree to the terms of these T&Cs, you must immediately cease using the Site and the Services.                    

User Name, Password, and Security 

You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify Catherine Simard of any unauthorized use of your user name and password or any other breach of security related to the Site. Catherine Simard WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. 

                                                

Prohibited Uses 

As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to: 

1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;

2. Threaten, harass, defame, embarrass or distress any other person or group;

3. Distribute computer viruses, worms, or any software intended to damage or alter a

computer system without the owner’s consent;

4. Use “auto-responders” or other similar mechanisms that generate excessive network traffic;

5. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or

otherwise objectionable material;

6. Post, send or relay any unsolicited advertising;

7. Post or send any chain letters or pyramid schemes;

8. Post or send any fraudulent or misleading offers of products, items, loans, or other services;

9. Post any misleading, inaccurate or fraudulent information;

10. Post any junk emails;

11. Post unsolicited messages;

12. Harvest or otherwise collect information about others, including email addresses, without

their consent;

13. Create a false identity or forged email address or header or otherwise attempt to mislead

others as to the identity of the sender or the origin of the message; or

14. Attempt to gain unauthorized access to the Services, other accounts, computer systems or

networks connected to the Site through login password mining or any other means.         

                          

Proprietary Rights 

You acknowledge and agree that the Service, any software or other functionalities used in connection with the Service and the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws (the “Proprietary Material”). Catherine Simard grants you a personal, non-transferable, non-exclusive license to use the Proprietary Material solely for the purpose of using the presets you purchase through the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Proprietary Material. You agree not to modify the Proprietary Material in any manner or form, or to use modified versions of the Proprietary Material. You agree not to access the Service by any means other than through the interface that is provided by Catherine Simard. This license is for one copy only (one seat, or usage at any one time) of the preset, installed on up to two of your computers. Upon purchasing a course or preset, pursuant to these T&Cs, you have the right to create an unlimited number of end products, being edited photos, designs or other visuals (“End Products”), and you may market and sell such End Products to any number of individuals or entities. No right to re-distribute any videos or presets, or Proprietary Materials of Catherine Simard shall be deemed to be a part of the license granted hereunder hereunder nor may the videos or presets acquired from Catherine Simard be incorporated as a separable element of an End Product. You may not share the videos or presets with any third parties, as this license is personal to you. 

                   

Copyright. All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Except as expressly provided in the subscription or service agreement governing your use of the Services, Catherine Simard’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Catherine Simard’s express written permission. All rights not expressly granted herein are reserved by Catherine Simard

                                                

Changes to Site and Services 

Catherine Simard reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or content. Catherine Simard may also impose limits on features or restrict access to parts of the Site.