Terms & Conditions
These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products and services. Last Updated: February 6, 2023.
general provisions
This website is owned and operated by Emotional Pictures Corporation, a United States of America corporation located in New Jersey.
You must be at least sixteen years of age to use our website. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
Terms Of Product Purchaser Agreement
All programs, services and products are owned and provided by Emotional Pictures Corporation (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Product”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s products and services. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at info@emotionalpictures.com and we will make reasonable efforts to remove your name, email and access to our Products and website(s).
Your Product Use and Consent
When you purchased our product, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Product and further access of the Product, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Product. Access of our Product and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
You may:
Access the Product for Your personal use (if additional members of Your team need to access the Product, You must purchase additional Products at one per each team member)
Download and/or print any Product materials for your personal use in your business
Use our trademarks and copyrighted materials with our consent and proper credit and marking, namely, citing ©Emotional Pictures as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
product license
You are not permitted to share any Emotional branded products that you have purchased with any other third party or attempt to copy or re-distribute the product and/or design elements in any way.
Each product license is for one user, which is licensed to you for your singular use (business or personal). You are not permitted to use the product on multiple websites. Any violation of this clause shall result in immediate termination of your license to use the product and a fee equal to the cost of an approximate estimate of additional license(s) in addition to any attorney’s fees or other fees applicable caused by the infringement of Emotional's intellectual property and violation of these terms and conditions.
From time to time, Emotional engages in pro bono work for volunteer organizations at a significant discount or no fee at all. This work, similar to purchase of a product, is licensed to one user for one website and cannot be re-used in any form without explicit written permission. The design work remains the intellectual property of Emotional and Emotional will have first right of refusal to license or charge for additional customization related to any additional website(s), organizations or users. In the case of website design, user agrees to credit Emotional for site design with a link to our website as follows:
Site Credit (linking to https://emotionalpictures.com).
pro bono design work
custom design work
All custom design work performed by Emotional is licensed to you for your singular use (business or personal). You are not permitted to allow use by any other third party or attempt to copy or re-distribute the work product or design elements in any way.
We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Thrivecart, Stripe, Square, Paypal, or Shopify . By utilizing these payment processors to gain access to the Product, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
security and assumption of risk
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at info@emotionalpictures.com.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Product(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Product and related material(s), We are not Product our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Product. This Product is for educational and entertainment purposes only. None of the Product or its related material(s) should be construed as medical, legal, financial advice.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
Technology Disclaimer
We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Product(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Product(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Product(s) or related material(s).
You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Product(s) .
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our Products). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Product(s) and related material(s).
Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Termination
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
Indemnification, Limitation of Liability and Release of Claims
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too.
After 30 days of outstanding payment, Emotional Pictures reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
Chargebacks
You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all materials afforded to you in exchange for your original purchase of our Product We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
Recurring Payments
If you have signed up for a payment plan, You hereby authorize our continued access to your financial information stored by our third party financial processing company until your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout. Failure to pay recurring payments will result in terminating your right to the Product or Services, and further action to remove Product or Service is permitted by Emotional Pictures, Showit, or other third parties.
Revocation of Access
You have the unilateral right to terminate your use and access to any of our Product(s). Please send an email to info@emotionalpictures.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
Dispute Resolution
If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation.
Non-Disparagement
If you are found to be slandering, libeling or otherwise disparaging our Company, Product(s) or related materials at our discretion, You will be immediately removed from the Product(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.
Severability
If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New Jersey, United States of America.
Consent
By using our website, you hereby consent to our Terms and Conditions of Use.
If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at info@emotionalpictures.com.
All Rights Reserved
All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.
Contact
If you have any questions about any term of these Terms of Use, please contact us at info@emotionalpictures.com.
Thank you.
financial considerations