Terms of Use and Conditions |

Please review the following Terms of Use carefully. These Terms of Use govern your access and use of this website, and the products and services offered on this website. By accessing or using this website you agree to be bound by these Terms of Use and to any additional guidelines, restrictions or rules that may be posted in connection with specific sections, services or products on this website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If you browse and use this website or make any purchase, you agree to comply with and be bound by these Terms of Use, which together with our privacy policy govern Casually Sharp Multimedia’s relationship with you.

The terms “Casually Sharp Multimedia”, “C.S.M.”, “us” or “we” refers to the owner and operator of the website at www.casuallysharpmultimedia.com (the “Website”). The term “you” refers to the user or viewer of this Website.

1. Changes to Website and Terms of Use

Casually Sharp Multimedia reserves the right to make changes to this Website and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Website. You agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to an e-mail address that you may have provided to us. You may withdraw your consent to receive communications from us electronically by contacting us.

2. Use of Content and Materials on Website

All of the content on this Website, including, but not limited to, the templates, designs, fonts, images, layout, look, appearance, graphics and trademarks, are either owned by Casually Sharp Multimedia or by third parties who have licensed such content to us. The templates available on this Website are for designing, manipulating, editing, publishing, printing, compositing, and annotating graphics, images and text (“Templates”). You are prohibited from (i) reproducing, publishing, modifying, altering or misappropriating the Templates on the Website, and any artistic component that comprises the Templates, except to insert, manipulate, edit, publish, print or annotate your own graphics, images and text by using the Templates, such use shall hereinafter be referred to as “Finished Products”; (ii) reproducing, publishing, modifying, altering or misappropriating the Website or any content or images on the website; (iii) creating or redistributing derivative works based on the Website, any content or images on the website, or the Templates, except to make Finished Products; (iv) displaying, posting or listing the Templates on any website; and (v) displaying, posting or listing Finished Products on the websites for eBay®, Amazon®, Etsy® or any other website that is not owned and operated by you.

You may sell, display, reproduce and distribute the Finished Products. However, when selling, displaying, reproducing and distributing the Finished Products, they must be displayed with your own graphics, images, and/or text and on your own website. Electronic proofs of Finished Products may be sent to your clients as flattened .jpg files as long as the low-resolution .jpg measures no more than 500 pixels at its longest length and contains the word “PROOF” on the image. Full-sized .jpg files MAY NOT be redistributed. If you display Finished Products on a website that you own and operate, you may do so only in low resolution .jpg images that measure no more than 500 pixels at the longest length.

By purchasing stock media products from C.S.M you may; (i)Reproduce up to 500,000 copies of the asset in product packaging, printed marketing materials, digital documents, or software. (ii) Include the asset in email marketing, mobile advertising, or a broadcast program if the expected number of viewers is fewer than 500,000. (iii) Post the asset to a website with no limitation on viewers. If the asset is posted unmodified to a social media site, attribution is required (© Casually Sharp Multimedia – casuallysharpmultimedia.com). (iv) Include the asset in products in a minor way, such as in a textbook. (v) May be used in any context that is newsworthy or of cultural interest, typically in newspaper or magazine articles, news blogs, or similar event-based media. (vi) When editorial images are used in print, websites, blogs, and so on, you must include the credit line shown on the site and contained in the IPTC credit line field, for example, “Casually Sharp Multimedia – casuallysharpmultimedia.com”. (vii) When editorial images or videos are used in films, TV shows, podcasts, and so on, you must include the credit “Image(s) and/or video(s) used under license from Casually Sharp Multimedia – casuallysharpmultimedia.com”.

By purchasing stock media products from C.S.M you may not; (i) May not Create merchandise or products for resale or distribution where the main value of the product is associated with the asset itself. For example, you can’t use the asset to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the asset printed on it. (ii) May not be used for commercial purposes such as advertisements, promotions, advertorials, merchandise, etc. – even if you have obtained an extended license – without obtaining prior written consent from third parties such as the copyright owner of the asset, or, where necessary, from recognizable persons or unique buildings or objects identifiable in the asset. (iii) May not be edited, except for minor adjustments for technical quality or slight cropping or resizing, and only if you maintain the editorial context and meaning of the original.

None of the content on this Website may be used for any unlawful purpose or to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Website, Templates or any other products or services on the Website in any way that is offensive, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Casually Sharp Multimedia may terminate its services to customers found to be using C.S.M. to engage in undesirable or unlawful activities.

3. Disclaimers and Limitations on Liability

THE WEBSITE, AND ITS CONTENT, TEMPLATES, PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CASUALLY SHARP MULTIMEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES WITH RESPECT TO THE WEBSITE, TEMPLATES, OR OTHER PRODUCTS AND SERVICES ON THE WEBSITE, INCLUDING THAT THE TEMPLATES OR FINISHED PRODUCTS WILL BE ERROR FREE OR THAT THE TEMPLATES OR FINISHED PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS. C.S.M. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR CONTENT CONTAINED ON THE WEBSITE.

IN NO EVENT SHALL C.S.M. BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY CASUALLY SHARP MULTIMEDIA, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.

CASUALLY SHARP MULTIMEDIA DOES NOT WARRANT THAT THE WEBSITE OR TEMPLATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. C.S.M. ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOU OR ANY USER’S CONTENT OR COMPUTER. CASUALLY SHARP MULTIMEDIA. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY COMPUTER OR ONLINE SERVICES DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE WEBSITE OR THE PRODUCTS OR SERVICES ON THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL C.S.M. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES ON THE WEBSITE.

IN ANY CASE, CASUALLY SHARP MULTIMEDIA’S TOTAL, CUMULATIVE LIABILITY UNDER THE TERMS OF USE SHALL NOT EXCEED ANY FEES/PAYMENTS RECEIVED BY CASUALLY SHARP MULTIMEDIA FROM YOU FOR USING THE WEBSITE OR PRODUCTS AND SERVICES ON THE WEBSITE. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.

PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU ACKNOWLEDGE AND AGREE THAT CASUALLY SHARP MULTIMEDIA WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THESE TERMS ARE REASONABLE.

4. Links to this Website and to Other Websites

From time to time, this Website may also include links to other websites. These links are provided for your convenience to offer further information. We have no responsibility or control with respect to the content or availability of the linked website(s), or the privacy practices on such websites. The inclusion of these links does not necessarily imply a recommendation or endorse the views expressed within them.

You may not create a link to this website from another website or document without Casually Sharp Multimedia’s prior written consent. Other websites may provide links to this Website with or without our authorization. We do not endorse such websites, and are not and shall not be responsible or liable for any links from those sites to this Website, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. We shall have the right, at any time and in our sole discretion, to block links to this Website through technological or other means without prior notice.

5. Digital Millennium Copyright Act

Casually Sharp Multimedia respects the intellectual property rights of others and expects users of the Website do the same. It is our policy not to permit materials known by C.S.M. to infringe another party’s copyright to remain on the Website. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Casually Sharp Multimedia by providing the following information (as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

(i) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website, such as a link to the infringing material;

(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, at which you may be contacted;

(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(v) A statement by you (or your agent) that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and

(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.

Casually Sharp Multimedia’s Designated Copyright Agent for notification of claimed infringement can be notified by mail, facsimile or e-mail at the following:

Terms and Conditions

A. Terms and Conditions of Services for Photography and Videography

1. Exclusive Videographer and/or Photographer

It is understood that CASUALLY SHARP MULTIMEDIA is the exclusive Videographer and/or Photographer retained by the client to cover the outlined event. Any conflicts with other photographic and/or video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client.

2. Permits and Permissions

Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for CASUALLY SHARP MULTIMEDIA to photograph/video each event, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions. The client warrants that he/she has the legal rights to anything CASUALLY SHARP MULTIMEDIA will videotape, including photos, musical recordings, videotapes, or any other materials delivered to CASUALLY SHARP MULTIMEDIA for inclusion in the clients videotape or DVD. The Client agrees to indemnify and hold

3. Use of Videos and Photos

CASUALLY SHARP MULTIMEDIA reserves the right to use videos and photos for display and or promotional purposes. All video masters, raw footage and photographs remain the exclusive property of CASUALLY SHARP MULTIMEDIA.

4. Artistic Style

On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Company’s portfolio and is requesting services with knowledge of the company’s style and that the Company’s work is constantly evolving; that the Company’s services are of a unique and artistic nature; that the photos and or video may be different from photos and or video done by the company in the past; and that in creating the photos or videos we shall use our own creative artistic judgment to create images consistent with our personal judgment to create images and videos consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, the client acknowledges that the photos or videos shall not be subject to rejection on the basis of taste or esthetic criteria.

5. Termination and Refund

The client reserves the right to terminate the contract for any reason up to 5 days after the date of down payment. Should the client terminate the contract, all money paid minus the retainer which is 25% of the total cost will be refunded.

6. Editorial and Production Control

The client has critically viewed samples of CASUALLY SHARP MULTIMEDIAs’ video and/or photo work and hereby grants full editorial and production control to CASUALLY SHARP MULTIMEDIA for all aspects of the production and post-production services for the event. In the event a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master tape, it is at the sole discretion of CASUALLY SHARP MULTIMEDIA as the exclusive producer of the event video recording. Changes requested to the final video after delivery to the client are charged at a rate of $100.00 / hour.

7. Personal Property

All personal property provided by the client to CASUALLY SHARP MULTIMEDIA for utilization in the post-production of their videotape/photos is received by CASUALLY SHARP MULTIMEDIA at the complete and total risk of the client. CASUALLY SHARP MULTIMEDIA will make every effort to ensure the safekeeping of a client’s personal property while in its possession and return the same to the client upon delivery of the edited master copy tape/final photo package.

8. Force Majeure

If CASUALLY SHARP MULTIMEDIA fails to comply with the terms of this agreement due to any event or at beyond the control of CASUALLY SHARP MULTIMEDIA, including but not limited to illness, accident, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, CASUALLY SHARP MULTIMEDIA liability is limited only to a refund of all monies received.

9. Media Delivery

CASUALLY SHARP MULTIMEDIA provides media on USB Drives Digital Downloads, and Website Hosted Galleries, selected for compatibility with a wide range of devices. CASUALLY SHARP MULTIMEDIA is not liable for any compatibility issues between the content on the USB Drive and the client’s playback device. Upon request, a DVD disk can be provided as an alternative to the USB Drive or Digital Download.

B. Terms and Conditions of Sale

1. Payment Terms.

Our shopping cart is set up to accept credit card and e-check payments via Paypal. Paypal is the largest online payment processor and allows you to pay with a credit/debit card, checking account, or funds in your Paypal account. Please note that if payment is made with an e-check you will not receive your product(s) until the payment clears.

2. Shipping Terms.

Once your payment is processed, we will send you a link for digital download. You should expect the links within 24 hours of your purchase. If you do not receive your links within 24 hours check your spam folder for an email from us. If it’s still not there, send us an email to info@casuallysharpmultimedia.com and we’ll re-send them.

3. Return Policies; Exchanges.

Due to the digital nature of our products, all sales are final. We do not accept any returns or offer any refunds. You acknowledge that all products on the Website are non-refundable and not returnable, under any circumstances.

4. Replacement Policy.

Please back up the Templates that you have downloaded from the links we send to you for archival purposes. If you fail to do so, we cannot guarantee that the exact volumes will be available in the future, as our design library evolves.

If you have purchased Templates from this Website, we will resend the links for download for free ONLY if you are able to verify your purchase. You will need to provide us with your receipt via email (PayPal receipt, credit card receipt, etc). Otherwise, you will need to provide us with the following information: month and year of purchase, email address used for payment, first and last name of buyer and the transaction ID #. We will not search through our transactions to locate your purchases.

If you cannot provide your proof of purchase information listed above, we will not resend the links for download.

5. Service and Support.

We DO NOT provide Photoshop technical support. It is assumed that if you are purchasing our products that you have a basic working knowledge of Photoshop.

c. Privacy Policy

Please refer to our privacy policy for information on how we collect and use personal information provided by you. Your use of any information or materials on this website signifies your acknowledgment of, and agreement to our privacy policy. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place industry standard physical, electronic and managerial procedures to safeguard and secure the information we collect online. For more information go to our Privacy Policy page.

D. Copyright Notice

E. Trademarks

Casually Sharp Multimedia and the Casually Sharp Multimedia logo are trademarks and service marks of Casually Sharp Multimedia.

F. Jurisdiction and Disputes

Unauthorized use of this Website may give rise to a claim by Casually Sharp Multimedia against you for damages and/or be a criminal offense. These Terms of Use are governed by the laws of the State of Tennessee, USA, without regard to its conflicts of laws provisions; the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Website and the products and services on the Website, and your breach of these Terms of Use. You agree to submit to the jurisdiction of such courts.

G. Indemnity

You agree to indemnify and hold Casually Sharp Multimedia, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, and the Templates, products and services on this Website that is in violation of these Terms of Use and/or from any breach by you of these Terms of Use.

H. Miscellaneous

These Terms of Use are accepted upon your use of the Website, and the Templates, products and services on this Website. The Terms of Use and Privacy Policy constitute the entire agreement of the parties with respect to your use of the Website, and the Templates, products and services on this Website. If any provision of the Terms of Use is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by Casually Sharp Multimedia of any term in these Terms of Use constitutes a waiver of any other right, or right to enforce any subsequent breach of the Terms of Use. In the event Casually Sharp Multimedia is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Casually Sharp Multimedia’s reasonable costs, including attorneys’ fees and costs of suit.

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