The Small Print

AKA The Terms and Conditions applicable to DIGITAL PRODUCTS

— Effective date: 03 October 2021

The following booking conditions form the basis of your contract with Polly Rusyn Photography (trading as Department of Street Photography). By purchasing a Digital Product using this website you are agreeing to the below terms and conditions.

Definitions

Product: refers to any downloadable digital material (such as a PDF) and any access to an online course or digital “playbook”

You, Your: refers to you, the customer accessing digital products

We, Us: refers to the Digital Product provider, Polly Rusyn Photography (Department of Street Photography)

Online: refers to the Department of Street Photography website.


1. Digital Product Usage 
After purchasing the digital product, You will be given access to the product materials through either a download delivered via email or access to your private online library. You will have lifetime access to the materials as long as the product(s) is/are available.

Department of Street Photography hereby grants you one (1) exclusive, non-sublicensable, non-transferable, license to access or use the Product. You understand and agree that the Product materials may not be shared with any third party. In the event Department of Street Photography suspects that the Product is being shared with another party, Department of Street Photography reserves the right to immediately terminate your access to the Product.

The Product is strictly for personal use only.

2. Fees & Payment Processing 
In consideration for access to the Product provided by Department of Street Photography, you agree to compensate Department of Street Photography the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, you shall provide a new eligible payment method before receiving access to the Product. In the event you have already been given access to the Product and a payment method is declined, Department of Street Photography reserves the right to collect any and all outstanding receivables.

3. Refund Policy 
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by you in connection with the Product will be allowed under any circumstances.

4. Personal Information
By purchasing the Product, You will be asked to provide personal information including your name, email address, mailing and billing address. You agree to allow Department of Street Photography access to this personal information for all lawful purposes. You are responsible for the accuracy of the identifying information, maintaining the safety and security of your identifying information, and updating Department of Street Photography on any changes to your identifying information.

The billing information provided to Department of Street Photography by you will be kept secure and is subject to the same confidentiality and accuracy requirements as your identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from access to the Product.

5. Copyright and Intellectual Property
Copyright of all digital products and intellectual property remain with Polly Rusyn / Department of Street photography. All rights reserved. No part of any Product may be reproduced, shared, forwarded, blogged or otherwise reproduced and distributed without the express permission of the publisher and copyright owner. For permissions contact: [email protected] or [email protected]

6. Warranties and Liability 
Department of Street Photography makes every effort to ensure that the Product is accurate and fit for the use of Department of Street Photography’s customers. However, Department of Street Photography takes no responsibility whatsoever for the suitability of the Product, and Department of Street Photography provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify Department of Street Photography against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Department of Street Photography shall not be liable to You or any third 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. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees 
Department of Street Photography does not make any guarantees as to the results, including financial, creative or other personal gains, of your use of any Product. You agree to take responsibility for your own results with regard to using any Product.

9. Release & Reasonable Expectations 
You have spent a satisfactory amount of time reviewing Department of Street Photography’s business and has a reasonable expectation that Department of Street Photography’s Product will produce different outcomes and results for each You. You understand and agrees that: 

▪ Everyone and final result using the Product is different;

▪ The Product is intended for a mass audience.

10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
 
11. Governing Law

This Contract shall be governed by and construed in accordance with the Law of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England. 

13. Transfer 
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
 
14. Data Protection and Privacy Policy

Please refer to our privacy policy in compliance with General Data Protection Regulation (GDPR), which came into affect across the EU on May 25, 2018.

 

Contact Us

If you have any questions, concerns or complaints about these Terms, please contact us: