By purchasing any products from MeganKyle Inc (the “Site”), you agree to comply with and be legally bound by the following terms (the "Site Terms") in addition to our general Terms and Conditions and Privacy Policy, all of which govern your relationship with MeganKyle Inc. (“us”, “we”, “our”) and the megankyle.com website operated by us.
Please read these Site Terms carefully before making any purchases from the Site.
Site Terms of Use Subject to Amendment
These Site Terms are subject to change without notice. By making a purchase from the Site, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Site will be subject to these Site Terms.
Cancellation and Refunds
Due to the digital nature of our products, we do not offer refunds or exchanges on any purchases made from our Site.
Copyright
All of our digital prints (products) are copyrighted works and are owned or licensed by us, unless otherwise specified. Your purchase does not entitle you to redistribute or resell the products in any form.
License
When you make a purchase from the Site, we grant you an ongoing, non-exclusive, non-transferable, worldwide license to use the product you have purchased. By purchasing a product, you do not gain ownership, nor can you claim the product as your own.
Digital prints are intended for personal use only and may not be used for any professional, commercial, or other business purposes.
Usage of Digital Prints
Any digital prints purchased from the Site may only be used by the purchaser. You may not modify, share, sell, or copy digital prints purchased from the Site.
Software Compatibility
Before purchasing digital art, please make sure you have selected the appropriate version of Adobe Acrobat/ Adobe Acrobat Reader to preview PDF’s as applicable in Windows, or through Preview on a MAC that you intend to use to view or print.
Our products are tested in English versions Adobe Acrobat Reader in Windows and Preview on a MAC as applicable. We do not make any representations or guarantees that our products will work in other versions of Adobe products.
While we expect that our digital art will be forward compatible with future Adobe products, we do not make any representations or guarantees that our products will be compatible in future versions of Adobe Reader or preview on a MAC.
Our products do not include the software needed to run them. You are responsible for Adobe Acrobat, as applicable, to run the actions purchased from our Site in Windows.
Storage and Backup of Files
You are responsible for the appropriate storage and backup of any purchased products. We are not responsible for any lost files.
No Representations or Warranties
Our Site and the products offered in our Site are made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding the products offered in the Site. For greater certainty, we do not represent nor warrant that the purchase of our products will satisfy your purposes nor that use of the Site will be uninterrupted or free of inaccuracies.
International Use
We make no representation that the products sold on the Site are appropriate or available for use in locations outside Canada. If you access the Site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
Limited Liability
We take no responsibility for, and will not be liable for, any error or inaccuracies in any product or the Site being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss or damage, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of our products or the Site.
We reserve the right at any time and from time to time to modify, discontinue, or otherwise make unavailable, temporarily or permanently, the Site, or any part thereof, with or without notice and solely at our discretion. We will not be liable to you or any third party for any loss or damage relating to such modification, discontinuance, or unavailability of the Site. Any claim against us shall be limited to the amount you paid, if any, for purchases made from the Site.
Changes to the Site, Products, or Fees
In connection with any purchase of products from the Site, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features of the Site or the products being offered in the Site. We also reserve the right to change any prices and initiate any new fees in connection with products being offered in the Site.
Indemnity
You agree to indemnify and hold harmless MeganKyle Inc. and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Site, your violation of these Site Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Site. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
The information that we collect about you when you access the Site or purchase products from the Site is subject to our Privacy Policy. Please see our full Privacy Policy here.
Severability
The invalidity or unenforceability of any provision of these Site Terms shall not affect the validity or enforceability of any other provision of these Site Terms and any such invalid or unenforceable provision shall be deemed to be severable.
Waiver
No waiver of any breach of any provision of these Site Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving party.
Assignment
We have the right to assign these Site Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
Jurisdiction
The laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein govern these Site Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of Alberta, Canada.
Contact
If you have any questions or concerns about our Store Terms, please contact us in writing at info@megankyle.com
