1. INTRODUCTION The https://timelab.pro/presets Website includes LUTS, Presets and other items (collectively, "Products") created by or licensed to Timelab Pro that are available for purchase, subject to the payment of fees to Timelab Pro. The following terms and conditions (referred to as the "Terms & Conditions" or the "Agreement") govern your use of the Website and any Products and form a binding agreement between Timelab Pro and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as "you"). By using the Website or purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them. Timelab pro reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products from Timelab Pro.
2. USE OF THE WEBSITE The Website is owned and operated by Timelab Pro. The material used and displayed on the Website is the property of Timelab Pro, and it is protected by copyright, trademark and other laws. The Website and its contents, including Products and any images used on the Website ("Images"), may not be copied or reproduced without the prior written consent of Timelab Pro. Using the Website, Products or Images other than for a permitted purpose is prohibited. For example, you are not allowed to use the Website or its content, including without limitation, the Products: (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 Website, Products, 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 Website or Products, or any related website, other websites, or the Internet. Flames & Roses reserves the right to terminate your use of the Website, the Products or any related website for violating any of the prohibited uses. You are not allowed to share, distribute, copy, transfer, sell or re-license any of our Products or Services. You are also not allowed to modify or alter any Product or Service that you license and then resell it as your own product or service. Timelab Pro will consider such conduct to not only violate these Terms & Conditions, but also as an infringement of Timelab Pro's intellectual property and proprietary rights and Timelab Pro reserves our rights to take any necessary steps, including asserting a legal action against you, in order to protect our rights. If you purchase a license to use any Product or Service, you are acquiring one (1) seat license.
3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of Timelab Pro and are protected by national copyright laws, international treaty provisions and other applicable laws. Other than as expressly permitted by Timelab pro, Products may not be reproduced, modified, altered, distributed, sold, shared, sub-licensed or transferred. You cannot use a Product for any purpose unless you purchase it. Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or Timelab Pro intellectual property and proprietary rights and you are responsible for any fees, damages or compensation arising from any unauthorized use.
4. PAYMENT All Sales are final, there are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees. Please be sure that any Product you are purchasing is compatible with your software or camera files (requirements are listed on the Product page), there are no refunds, exchanges or returns for incompatibility. After purchase, Products are delivered as a digital download. Timelab Pro encourages you to make a backup copy of your downloaded Products, but no other copying or reproducing of Products is permitted. All published prices and sales are in U.S. Currency. Timelab Pro cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer.
5. DISCLAIMERS AND LIMITATION OF LIABILITY Disclaimer. Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an "as is", "as available" basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free. Linked Websites. Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website. Limitation of Liability. Except for the indemnification to you set forth below, to the maximum extent permitted by law, Timelab Pro not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Timelab Pro liability to you in any circumstances will be limited to the amount you paid for the relevant Product.
6. WARRANTIES AND INDEMNIFICATION Warranties to You. Timelab Pro has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party. Your Warranties to Timelab Pro. You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement. Indemnification by Timelab Pro. Subject to any disclaimers set forth above, provided that a Product is used in accordance with these Terms & Conditions and you are not in breach of this Agreement, Timelab Pro will defend and indemnify you from any damages, liabilities and expenses (including reasonable outside legal fees) incurred by you in connection with any actual lawsuit or legal proceeding alleging that Timelab Pro is in breach of any of the warranties provided in this Agreement. Indemnification by You. You will indemnify and hold harmless Timelab Pro from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorized or prohibited access to computer systems or data. Indemnification procedure. The party seeking indemnification (the "Indemnitee") will promptly notify the other party (the "Indemnitor") in writing of any claim that is eligible for indemnification. The Indemnitee, at its sole option, may assume the handling, settlement or defense of any claim, and the Indemnitor will cooperate in the defense of any such claim if requested by the Indemnitee. The Indemnitee will have the right to participate in such claim, at its expense, using the counsel of its choice. The Indemnitor will not be liable for legal fees and other costs incurred prior to the Indemnitee giving notice of the respective claim. Timelab Pro will not be liable for any losses arising from your failure to stop using any Product if so required in order to mitigate any potential damages.
HOW DO WE USE YOUR PERSONAL INFORMATION? We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: - Communicate with you; - Screen our orders for potential risk or fraud; and - When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site, you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
DO NOT TRACK Please note that we do not alter our Site's data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION When you place an order through the Site, we will maintain your order Information for our records unless and until you ask us to delete this information.
MINORS The Site is not intended for individuals under the age of 18.
CONTACT US For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org
Return & Refund Policy
Due to the nature of our software, we are unable to process refunds. What we have done is we have demonstrated many example images on our site to assure customers of the functionality of our software. All sales are final, there are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees. Please be sure that any product you are purchasing is compatible with your software or camera files (requirements are listed on the Product page), there are no refunds, exchanges or returns for incompatibility. After purchase, products are delivered as a digital download. Timelab Pro encourages you to make a backup copy of your downloaded products, but no other copying or reproducing of products is permitted.