Terms and Conditions of Use of and Sale and Purchase of Products
The term ‘websites’ will be used hitherto in reference to recasper.com.
The term ‘products’ within these terms and conditions refers to the downloadable e-books and digital photography available free or to purchase through the websites.
1. Refund Policy
E-books are refundable only upon agreeable concerns and dissatisfaction regarding purchase and product.
Products that are not deliverable by post (unless otherwise noted), are available for immediate download after you have made payment. Please note that after you have ordered and paid for your product/s, you will automatically be receive the url for the download page, via purchase receipt. This page only remains active for 48 hours to prevent copying and distributing of the url to third parties. “RE Casper” does not take responsibility for failure of any customer to download the products within the allocated duration of time, or for any computer failure, or failure to have available the correct software for opening the file (Adobe Acrobat and appropriate hardware for ebooks). However, special concessions will be made for those who encounter problems downloading the products. “RE Casper” request that anyone encountering such problems should contact the e-mail address given at purchase, as soon as possible, so that the situation can be rectified.
All rights, including copyright and database right, in the products and this website and its contents, whether or not a copyright sign is displayed, are owned by “RE Casper”. You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the products or website without the prior written permission of “RE Casper”.
In using the products, you agree that you will access the contents solely for your own private use and not for any commercial or public use. By using the products you agree to comply fully with these terms and conditions. The right to use these products is personal to you and is not transferable.
5. Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the products is at your sole risk. “RE Casper” do not warrant that these products will be error free; nor make any warranty as to the results that may be obtained from use of these products, or as to the accuracy, reliability or content of any information provided by “RE Casper”. The products are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws.
6. Limitation of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. In no event will “RE Casper” or any person lawfully involved in creating, producing or distributing these products, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of inability to use these products. You hereby acknowledge that the provisions of this section shall apply to all content within the products.
7. Errors and Omissions
In addition to the terms set forth above, “RE Casper” shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of the information contained within the products, or on the websites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. “RE Casper” shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. “RE Casper” do not warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of this information.
8. Changes to Websites and Products
“RE Casper” reserve the right to change or remove (temporarily or permanently) any part of the websites or any products sold through these sites and you confirm that “RE Casper” shall be liable to you for any such change or removal. “RE Casper” reserves the right to change these Terms and Conditions at any time, and your continued use of the websites following any changes shall be deemed to be your acceptance of such change.
This website has security measures in place to protect the loss, misuse and alteration of the information under the control of “RE Casper”. Unauthorized use, tampering with or modification of this system may violate federal or other statutes and may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials.
You agree to defend, indemnify and hold harmless “RE Casper” from and against all claims and expenses, including attorneys’ fees, arising out of your use of the products.
The products or websites may reference and/or link to third party sites through the World Wide Web. “RE Casper” have no control over these sites or the content within them. “RE Casper” cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. “RE Casper” do not endorse the content of any third party site, nor warrant that they will not contain viruses or otherwise impact your computer. By using the products or websites to link to another site, you agree and understand that you may not make any claim against “RE Casper” for any damages or losses, whatsoever, resulting from your use of the products or websites to link to another site.
12. Prints Sales
Bay Photo is a resource for professional photographers providing photo finishing services. When you place an order for a print with “RE Casper”, Bay Photo will be the primary processor for your order and via this finishing manufacturer, your spectacular prints will be processed and shipped to your door. Unless otherwise noted – Ex. Limited Edition and signed prints. “RE Casper” is given only shipping information, the order number and the wonderful patron’s email address provided upon order completion. All online purchases are secured via SSL certificate provided by COMODO Security Services. See TrustLogo Below.
13. Online Download Store
All online download purchases (in association with Section #1 & #2 of these terms), such as E-Books, are processed through Easy Web Downloads and payments are processed in direct relation with Paypal. No personal, nor billing information (besides email and name) will be shared with “RE Casper” or associated partners. We strive for personal freedom and privacy.
This Agreement and any operating rules for the products or websites established by “RE Casper” constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America and specifically California law for which the business originates. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of of said locations without regard to its conflict of laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
By using the websites and purchasing a copy of the products, you are agreeing to the above Terms and Conditions.