CAPRICIOUS LEE Terms & Conditions

Terms of Service

These Terms of Service are applicable to your purchase of any digital products from the Capricious Lee online store. Other than as specifically provided in any separate written agreement between you and Capricious Lee LLC, these Terms of Service may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Service and the other provisions of the Terms of Use, these Terms of Service will control.  By purchasing any products on capricouslee.com you, the Purchaser, are agreeing to these terms:

Refunds

We stand behind our products and your satisfaction with them is important to us; therefore, all downloads, audio, memberships, and video products/downloads sales are final. Because our products are digital goods delivered via Internet download, we generally offer no refunds. However, want you to be fully satisfied with your purchase.  If for any reason you are not satisfied, please email us at cynthia@capriciouslee.com and we will address your concerns. Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within (7-14) days of your original purchase unless otherwise stated. 

Refunds will be issued for any deposits made to hold an appointment slot as long as the appointment has been met. No refund will be issued for any missed appointments for any scheduled prepaid appointment. Please reschedule your appointment at least 12 hours prior to your upcoming meeting. 

Renewal & Cancellation

The Capricious Lee subscription auto-renews monthly, quarterly, or annually based on the membership level you have chosen at the time of checkout.

Capricious Lee members are responsible for canceling their subscription with capriciouslee.com via the Membership Account page. If you do not want your subscription to renew, you will need to cancel your membership BEFORE your renewal date which is shown in your Membership Account or receipt, upon which your subscription will continue until the end of your current term. You may cancel your membership at any time.

Limitation of Liability

This site and all information, content, materials, and products included on or otherwise made available to Purchaser through this site are provided by Capricious Lee LLC on an “as is” and “as available” basis unless otherwise specified in writing.  Capricious Lee LLC, nor Cynthia Lee makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products on or otherwise made available to you through this site.  The purchaser expressly agrees that Purchaser’s use of this site is at your sole risk.

To the full extent permissible by applicable law, Capricious Lee LLC, nor Cynthia Lee shall accept the responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive, or consequential damages.

The contents of this site do not constitute advice and should not be relied upon in making, or refraining from making a decision.  Purchaser further acknowledges that any information or materials on this site may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted.

Certain state laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

Product download

Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers if we suspect any kind of abuse.

Once Purchaser has purchased Downloads, Purchaser is encouraged to download it promptly and to make a backup copy of it.  If Purchaser is unable to complete a download after having reviewed the online help resources, Purchaser shall contact Capricious Lee LLC customer service for assistance at cynthia@capriciouslee.com  Purchaser bears all risk of loss after purchase including any loss of the downloads as a result of downloading, or loss due to a computer or hard drive crash.

Capricious Lee LLC may, from time to time, remove Downloads from the website without notice.

Acceptance of order

We reserve the right to refuse or cancel any order or custom photo or digital request made at any given time. In such an event, your sole recourse shall be the return of amounts paid by you related to such order (if any).

Electronic Communications

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent.  All other trademarks and service mark not owned by Cynthia Lee, Capricious Lee LLC, or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Modification And Severability

We reserve the right to make changes to our website, our policies, our Terms of Use, and these Terms of Service at any time and in our sole discretion. Therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Digital Image Usage and Licensing

Purchased digital downloads may be included as part of the initial service contract or purchased from the Capricious Lee online store. Capricicious Lee LLC and Cynthia Lee grants Purchaser a non-exclusive, non-transferable, perpetual limited-use license to download and the accompanying digital files but are subject to the following restrictions: This license cannot be used for commercial use; copyright, title ownership, and all rights now and in the future, remain exclusively with Cynthia Lee, Capricious Lee LLC. There are no warranties, express, or implied. Digital downloads are provided ‘as is.’

Neither Capricious Lee LLC nor Capricious Lee LLC vendors will be liable for any third-party claims or incidental, consequential, or other damages arising out of this license or buyer’s use of our products.

What you can do:
Purchaser may:

  • Use digital products for personal use.

What you may not do:
Purchaser may not:

  • Resell, relicense, sub-license, redistribute without express written permission from Cynthia Lee
  • Use the digital downloads in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner.
  • Scan, copy, duplicate, distribute, or otherwise reproduce the digital downloads, to allow a third-party to use the content in any way.
  • Make available for download.

For Capricious Lee digital downloads:

Usage Restrictions:

Cynthia Lee grants User an exclusive, non-transferable, perpetual limited-use license to download and copy the digital downloads but is subject to the following restrictions:

This license must be used for personal use.

By purchasing Capricious Lee’s digital downloads from capriciouslee.com, the User agrees and acknowledges that the digital download comes with an exclusive, limited use license.

“Limited use” refers to the following:

Cynthia Lee remains the sole holder of the copyright and the User may not cite the digital downloads as User’s own intellectual property. User acquires the right to possess, hold, and use digital downloads for personal.

 

 User MAY NOT:

User/member MAY NOT redistribute, resell, transfer, or give away digital downloads

User/member MAY NOT resell these digital downloads on any mass marketplace website (Creative Market, Etsy, Envato) NOR resell as a digital template product on any other website or platform, whether AS IS or edited.

User/member MAY NOT transfer, redistribute or give away any of these templates or digital downloads to a third party.

Copyright, title ownership, and all rights now and in the future, remain exclusively with Cynthia Lee. There are no warranties, express, or implied. Digital downloads are provided ‘as is.’

Cynthia Lee with Capricious Lee LLC retains all rights, license, copyright, title, and ownership of the photography on capriciouslee.com