“Products” referred to by these Terms include but are not limited to: prints, digital downloads, customized prints and any other items provided for paid purchase. All such Products are the intellectual property of and are owned by Beth Purnell.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Green Apple Studios’ 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 into a valid contract.
WHAT WE DO
Green Apple Studios is a resource through which you may obtain portrait photography services, and on occasion candid sporting group photography products and services.
Beth Purnell/ Green Apple Studios will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. We 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. Beth Purnell is the sole manager of such information collected on the Site. Beth Purnell will use such information to respond to you as necessary. You grant Beth Purnell/Green Apple Studios a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
Links on the Site may be affiliate links controlled by parties other than Green Apple Studios to help support the maintenance of the Site. Beth Purnell/Green Apple Studios 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 Beth Purnell/Green Apple Studios from any loss or damage incurred from dealing with such affiliate.
INTELLECTUAL PROPERTY LICENSE
Beth Purnell 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 Green Apple Studios’ services, and; (d) any other intellectual property rights afforded to Beth Purnell/Green Apple Studios, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Beth Purnell 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 Beth Purnell’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Beth Purnell/Green Apple Studios 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.
(1) abide by all copyright protections afforded to the Products as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products as otherwise provided by common law;
(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
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Beth Purnell/Green Apple Studios 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 Green Apple Studios will not reimburse you for such downloads. Green Apple Studios 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 Beth Purnell/Green Apple Studios.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. GREEN APPLE STUDIOS OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PRINTS, PRDOUCTS OR DOWNLOADS, 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. BETH PURNELL/GREEN APPLE STUDIOS MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, BETH PURNELL/GREEN APPLE STUDIOS 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 GREEN APPLE STUDIOS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
Any questions regarding the above Terms may be directed to: