OVERVIEW
This website is operated by Memoirs of a Muse. Throughout the site, the terms “we”, “us”, and “our” refer to Memoirs of a Muse offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and purchasing something from us, you engage in our “Service”. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
You may only use these products for personal or professional use. This license extends to the single, individual purchaser. This license does not extend to companies or partnerships and may not be resold, loaned, and/or gifted to another individual and/or party. You may not share, loan or redistribute/sell or copy any of these files in any way. All Lightroom Presets, Photoshop Actions, Image Overlays, and all other products created and distributed by Memoirs of a Muse are protected under Copyright Law. Violators of this licensing agreement will be prosecuted to the fullest extent of the law.
By purchasing Memoirs of a Muse products, you acknowledge that you do not gain ownership, nor can you claim any product as your own. This product should, under no circumstance, be posted or uploaded to the Internet. Posting a link for others to download Memoirs of Muse products is a felony.
Memoirs of a Muse products may only be installed on a computer directly owned by the purchaser. Photographs enhanced with these Presets, Actions and/or Overlays may only be used for personal or professional projects. Any products given to a client must be in a non-editable file format.
The purchaser is expected to back up his/her own Presets, Actions and/or Overlays on an external storage device. Memoirs of a Muse are not responsible for lost files for any reason but may be willing to re-issue the product once a valid purchase receipt has been provided. Memoirs of a Muse is not responsible for any direct or indirect loss/damage arising from the use of our products in whatever form.
DUE TO THE DOWNLOADABLE NATURE OF THESE PRODUCTS, ALL DIGITAL SALES ARE FINAL. THERE ARE NO REFUNDS, RETURNS, OR EXCHANGES.
We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our service may include third-party materials.
Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Suppose, at our request, you send certain specific submissions (for example contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’). In that case, you agree that we may, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you forward to us in any medium. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time; we may remove the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Memoirs of a Muse Presets, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Memoirs of a Muse Presets and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
Suppose any provision of these Terms of Service is deemed unlawful, void or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services or when you cease using our site.
Suppose, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. In that case, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us governing your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to [email protected]
Terms & Conditions
All photographs are the property and copyright of 'Memoirs of a Muse, and it is illegal to copy or use anything from this site without permission.Please read this legal agreement between you and Memoirs of a Muse before making any purchases. By purchasing any of our products/photographs, you agree to these terms and conditions. Memoirs of a Muse owns all rights to the photographs. All rights including the copyright remain with Memoirs of a Muse unless otherwise granted. Photographic Artworks are to be shipped after all payments have been made in full. You are granted a non-exclusive and nontransferable right to display the Wall Art in your personal surroundings. It is your responsibility the check the artwork carefully for any damage that might have been caused during transport and lodge any claims with the transport company immediately. All items are packed carefully, sent using registered post and are insured against loss or damage. Memoirs of a Muse will not accept any responsibility for any damage during transport. Under no circumstances are photographs to be copied, reproduced, resold or published in any media, including providing them for download over the internet. You agree to indemnify and hold Memoirs of a Muse, its employees, directors and suppliers harmless against any damages or liability or any kind arising from any use of the photographs other than the uses expressly permitted by this agreement. Neither Memoirs of a Muse or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use any photograph or photographs. This agreement shall be governed by the laws of Australia. Memoirs of a Muse makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph. Memoirs of a Muse respect and are committed to protecting your privacy. We will never pass on your personal details to any other entity. We believe your private details should remain so, and we guarantee that when you share confidential information with Memoirs of a Muse it will not be shared with anyone else. Important Medical Information for Baby Photo-shoot: By booking a photo shoot you understand and accept that you and your baby needs to have completed some form of baby swimming program and has to be comfortable in water and able to perform a minimum of 6 to 8 short submersions (i.e. have sufficient respiratory strength through prior training). Younger babies will naturally do fewer submersions. We reserve the right to cut the photo shoot short should your baby be considered distressed or not fit enough to complete the session.
Booking Procedure
A retainer fee is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the client, the retainer fee is non-refundable and shall be liquidated damages to Memoirs of a Muse. The client shall also be responsible for payment for any of the Memoirs of a Muse's materials charges incurred up to time of cancellation.Gift Certificate
Within the validity period it can be used to make any number of separate bookings or Wall Art up to the value of the certificate, or above the value - in which case the recipient needs to make up the difference. Additional values cannot be added to an existing card; however, additional certificates can be purchased. Gift Certificates are valid for a for the exact period stated on the gift certificate. Gift Certificates must be redeemed in full within the validity period; any unused balance will not be refunded or credited on expiry. Gift Certificates are transferable and be treated like cash; defaced, mutilated, altered, lost or stolen vouchers will not be replaced, refunded or redeemed. A non-refundable $100 Deposit is required using any of our Gift Certificates to secure your booking and can be used towards our products in your Design Consultation. The Gift Certificates cannot be used in conjunction with any other offer. The Gift Certificate includes One Purchasing Session per sitting where all decision makers must be present together with our Design Consultant. We reserve the right to change any terms contained in the Terms of Use at any time. Changes to Terms of Use will be available on the website or call Memoirs of a Muse for more information. Bookings must be made in advance, directly through Memoirs of a Muse and are subject to availability. Appointments are limited and subject to availability.Contact
By using the Sites and entering personal information, you give Memoirs of a Muse 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 Memoirs of a Muse know by emailing us here, and we will kindly refrain from doing so.Intellectuall Property License
Memoirs of a Muse owns all intellectual property rights in (a) all text, logo, photographs, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions, therefore; (c) all things otherwise provided to you as a part ofMemoirs of a Muse services, and; (d) any other intellectual property rights afforded Memoirs of a Muse, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Memoirs of a Muse does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites. You agree not to make unauthorized use of or otherwise infringe upon Memoirs of a Muse Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Memoirs of a Muse 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, Memoirs of a Muse you a non-exclusive, non-transferable license to view the 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 for resale or distribution (“Permitted Use”), provided that you: (1) abide by all copyright protections afforded to the Products, both as formally registered with the Australian Copyright Act 1968 and as otherwise provided by law; (2) abide by all trademark protections afforded to the Products, both as formally registered with the IP Australia and Trademark Office, a state trademark authority, or 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 (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. Memoirs of a Muse is not liable for any loss or damage toReturn/Refund Policy
You acknowledge that all Deposits, Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.No Warranties
Products are provided “AS IS”. Memoirs of a Muse offers no warranties, explicit or implied, regarding any forms or templates, the accuracy of any information, or any right or license under this agreement including, without limitation, any 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. Memoirs of a Muse makes no warranty that the sites, products or materials will be accurate and reliable in all instances.Limitation of liability and indemnfication
Except as prohibited by law, Memoirs of a Muse shall not be liable toyou or any other person or entity for any general, punitve, special, indirect, consequentalor incidental damages or lost profits or any other damages, costs or losses srising out of your use of the website, materials or products, including attorney's fees and related expenses of ligitation andarbitration, except as prohibited by law, to the extent there is liability found to Memoirs of a Muse, such recovery is limited to the amount you paid for materials, products and services.Payment Plans
Paysmart
The flexible PaySmart Pty Ltd System which is a simple direct debit payment system that allows Australian and New Zealand businesses to collect and manage subscription or periodical payments. The Artwork will be delivered only after full payment is made.Oxipay
Oxipay is a direct debit retail payment plan facilitated byOxipay Pty Ltd ABN22 129 228 959To use Oxipay you need to meet the criteria below:
* Don't already have an agreement with Oxipay or Certegy
* Work fulltime (30 hrs/week) or be an Aged or Veteran Pensioner
* Be over 18 years of age & live in Australia with suitable Photo ID
* Have a bank account or credit card
* required deposit of 33% will secure instalment for repayment at delivery
Memoirs of a Muse full Privacy Policy
Plain language
Memoirs of a Muse promises to respect your privacy! We will never send you unsolicited ‘junk’ email, or share your data with anyone else who might. If you have any concerns at all please contact us and we will address them quickly and seriously.Privacy Statement
Memoirs of a Muse is committed to protecting your privacy. We promise to keep all the information that you share with us confidential. We only collect personal information from customers in order to process billing, fulfil orders and provide a personal and customised shopping experience. We do not share your information with any outside parties.Privacy Policy Changes
If we modify this policy, we will post a notice on our Web site.Updating Personal Information
If the personal information we’ve gathered from you changes or you no longer desire our service, we will gladly correct, update, or remove any personal data you have previously provided to us.* To request a change or removal of your personal information when you have an account registered on this website you may amend your own details via the Your Account button in the menu bar.
* To amend your details at our head office, send e-mail to [email protected]
All members of theMemoirs of a Muse network of websites agree to follow our rigorous privacy policy, meaning that in addition to our general policy stated above we adhere to the full terms below. Memoirs of a Muse complies fully with Australian Data Protection law which requires “Member States to protect the fundamental rights and freedoms of natural persons, in particular their right to privacy with respect to the processing of personal data”, as implemented by the Australian parliament in the 1988 The Privacy Act (DPA). The DPA regulates what we may do with the data we collect, and because Steffen Binke Photography wants to demonstrate our commitment to your privacy we go beyond our statutory requirements in implementing our privacy policy.Memoirs of a Muse complies with Australian principles of data protection, that is to say, the data must be:
* fairly and lawfully processed;
* processed for limited purposes;
* adequate, relevant and not excessive;
* accurate;
* not kept longer than necessary;
* processed in accordance with the data subject’s rights;
* secure;
* not transferred to countries without adequate protection.