Terms & Conditions

By purchasing any products from the Jillian Harris Shop (the “Shop”), you agree to comply with and be legally bound by the following terms (the "Shop Terms") in addition to our general Terms and Conditions and Privacy Policy, all of which govern your relationship with Jillian Harris Design Inc. (“us”, “we”, “our”) and the jillianharris.com website operated by us.

Please read these Shop Terms carefully before making any purchases from the Shop.

Shop Terms of Use Subject to Amendment

These Shop Terms are subject to change without notice. By making a purchase from the Shop, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Shop will be subject to these Shop 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 Shop. 

Copyright

All of our products (including digital prints, actions, presets, and layouts of templates within the actions and presets) 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 Shop, 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. 

Subject to these Shop Terms, purchased products may be used for personal, professional, or commercial purposes. 

Digital prints are intended for personal use only and may not be used for any professional, commercial, or other business purposes.

Installation and Usage of Actions of Presets & Prints

Purchased actions or presets may only be installed on a computer owned by the purchaser of the product.

Any works created by our actions or presets may only be used: (a) by the purchaser, or (b) by clients of the purchaser. Any images created by our actions or presets must be flattened if used for commercial purposes.

You may not modify, share, sell, transfer, copy, or gift the right to use actions or presets purchased from our Shop to anyone else.

Usage of Digital Prints

Any digital prints purchased from the Shop may only be used by the purchaser. You may not modify, share, sell, or copy digital prints purchased from the Shop.

Software Compatibility

Before purchasing actions or presets, please make sure you have selected the appropriate version of Photoshop, Elements, ACR, or Lightroom, as applicable, that you intend to use to run the actions or presets. 

Our products are tested in English versions of Photoshop, Elements, ACR, or Lightroom, as applicable. We do not make any representations or guarantees that our products will work in other versions of Photoshop, Elements, ACR, or Lightroom.

While we expect that our actions and presets 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 Photoshop, Elements, ACR, or Lightroom.

Our products do not include the software needed to run them. You are responsible for purchasing Photoshop, Elements, ACR, or Lightroom, as applicable, to run the actions or presets purchased from our Shop. 

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 Shop and the products offered in our Shop 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 Shop. For greater certainty, we do not represent nor warrant that the purchase of our products will satisfy your purposes nor that use of the Shop will be uninterrupted or free of inaccuracies.

International Use

We make no representation that the products sold on the Shop are appropriate or available for use in locations outside Canada. If you access the Shop 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 Shop 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 Shop. 

We reserve the right at any time and from time to time to modify, discontinue, or otherwise make unavailable, temporarily or permanently, the Shop, 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 Shop. Any claim against us shall be limited to the amount you paid, if any, for purchases made from the Shop.

Changes to the Shop, Products, or Fees

In connection with any purchase of products from the Shop, 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 Shop or the products being offered in the Shop. We also reserve the right to change any prices and initiate any new fees in connection with products being offered in the Shop.

Indemnity

You agree to indemnify and hold harmless Jillian Harris Design 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 Shop, your violation of these Shop 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 Shop. We reserve the right to take over the exclusive defense 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 Shop or purchase products from the Shop is subject to our Privacy Policy. Please see our full Privacy Policy here.

Severability

The invalidity or unenforceability of any provision of these Shop Terms shall not affect the validity or enforceability of any other provision of these Shop 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 Shop 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 Shop Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.

Jurisdiction

The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Shop 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 British Columbia, Canada.

Contact

If you have any questions or concerns about our Shop Terms, please contact us in writing at [email protected]