This Agreement is a legal agreement between you and Think Gypsy which includes Lightroom presets and downloadable materials.
This website offers digital content (hereinafter referred to as “TCL Products“) like Photoshop actions, Lightroom presets, and video content, which are licensed and/or created by The Color Lab for sale on www.thecolorlab.wpengine.com
Your access to and use of www.thecolorlab.wpengine.com is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. The present general conditions of sale apply to our products.
By accessing or using www.thecolorlab.wpengine.com you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Products on www.thecolorlab.wpengine.com
The Color Lab grants you a non-exclusive, non-transferable license to download, install, and use the TCL Products. This includes the right to install and use TCL Products and to make copies of your TCL Products for backup and archival purposes provided that it includes all notices and markings, including copyright, trademark and other proprietary notices as on the original.
1. Ownership Retained By The Color Lab
The Color Lab owns all title and copyrights to the TCL Products and has the full right and authority to grant the license granted herein. Your license does not give you any title or ownership in the TCL Products, nor is it a sale of any rights to theTCL Products. The only right granted to you is the right to use the TCL Products in accordance with the terms of this Agreement. All rights not specifically granted to you under this Agreement are reserved by The Color Lab.
2. Unauthorized Use
You may not copy the TCL Products onto any public network. You may not allow others to modify, disassemble, decompile, reverse engineer, reproduce, make derivative works of or enhance the TCL Products. You may may not allow others to rent, lease, sell, sub-license, export or otherwise transfer the TCL Products to any other person.
In addition to any other rights it may have, the The Color Lab may terminate this Agreement if you fail to comply with the terms and conditions hereof. In such event, you must cease all use of the TCL Products and destroy all copies of the TCL Products and all of its component parts.
The Color Lab expressly disclaims any and all warranties relative to TCL Products.
TCL Products are provided “AS IS,” without warranty of any kind, express or implied, including, without limitations, the implied warranties of merchant ability for a particular purpose, non infringement, course of dealing and usage of trade. You hereby assume the entire risk as to the quality and performance of the TCL Products.
3. Limitation of Liability
In no event shall the The Color Lab be liable for any direct, special, incidental, indirect or consequential damages whatsoever to you arising out of the use of or inability to use TCL Products.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions hereof.
This Agreement is effective until terminated. You may terminate this License Agreement by ceasing to use TCL Products. The Color Lab may terminate this License Agreement if you breach any of the terms and conditions. Upon termination of this License Agreement for any reason, you shall cease using TCL Products. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and The Color Lab’s proprietary rights shall survive termination.
5. Terms of Download
By accessing the link and downloading any TCL Products you represent, acknowledge and agree that you are at least 18 years of age. If you are under 18 years of age you have to be at least 13 years old. In this case you are only allowed to buy and download with the consent of your parent or legal guardian. By buying and downloading any TCL Products you represent, acknowledge and agree that you have received your parent or legal guardian’s permission to enter into this agreement. If you are a parent or legal guardian who buying for a child, you hereby agree to bind your child to this agreement and to fully indemnify and hold harmless The Color Lab if your child breaches or disaffirms any term or condition of this agreement.
The Color Lab | All rights reserved. No one, for any reason, is permitted to copy the photographs, logos, text and user content belonging to other users appearing on the pages of this website without written permission from The Color Lab. The permission has to be obtained in advance.
The Color Lab takes the protection of your personal information very seriously. The Color Lab is not liable to any losses caused by the unauthorized usage of your data. We might use your information to stay in contact with you and send you periodically emails.
8. Refund / Account
There are no refunds for your purchase.
9. Software requirements
You need Photoshop CC and Adobe Lightroom® 4 or 5+ and newer if you use TCL Products. Only use original and licensed versions of Adobe to achieve a correct and smooth run of all TCL Products. With this agreement you have been notified and agreed on these circumstances. You’re responsible to comply to this requirements.
11. No Warranty
The Color Lab does not represent or warrant that the site, content, products will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure. We do not guarantee a specific outcome of your pictures.
YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.