Terms of Use

The digital images and other digital products (product) on this site are the property of Mike Cherry.

1.0 Introduction 

These terms and conditions set out the terms and conditions between you (the user), and Mike Cherry (the owner), governing the use of this website and the downloadable products.  By the use of this website, and purchase, download and use of any product, constitutes your full acceptance of these terms and conditions.

If you do not agree with these terms and conditions, you should not use this website or purchase, download or use any of its products.

2.0 License and Use 

Your purchase of any products constitutes the granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use, and in the case of downloadable digital images, you may print or convert the product to an image or other format for your own storage, retention, and personal use (the “purpose”).   

You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share, or otherwise distribute any products, whether modified or not, to any third party.

You agree not to use any products in a way which might be detrimental to or damage the owner’s reputation.

3.0 Commercial Use

Commercial use or the placing of products on a publicly accessible domain is strictly prohibited without the expressed written permission of the owner. Should permission be obtained in writing, any use of the product must provide credit to the owner by including with the product the following reference “©Mike Cherry Photography-Used with Permission”. A commercial use licence may be obtained for certain products by contacting the owner.  Such a licence may include an additional fee.

4.0 Intellectual Property

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the owners sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

5.0 Refunds and Chargebacks 

Once a product has been purchased by you, no right of cancellation or refund shall exist due to the electronic nature of our products. Any refunds shall be at the owners sole and absolute discretion.

You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any products are final and may not be charged back.

6.0 Warranties and Liability

While owner shall take reasonable efforts to ensure that all products are of the quality represented, the owner takes no responsibility whatsoever for the suitability of the product and provides no warranties as to the function or use of the product, whether express or implied.  

You agree to indemnify the owner against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, the owner shall not be liable to you or any party for consequential, indirect, special, or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7.0 Customer Support

All customer support and correspondence related to this website shall be through the contact form provided on the contact page of this website or by emailing the owner at mike@mikecherry.ca.

8.0 Privacy Policy

By using this site, you confirm that you have read and understood the websites Privacy Policy and the privacy policies of the website’s service providers and agree to the collection and use of the personal data described in these policies.  

9.0 General 

These terms and conditions constitute the entire agreement and understanding between you and the owner for the supplying of downloadable products and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by the owner to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s).

The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.