Terms of Use

About us

TERMS OF USE

TERMS OF USE
Short Version - Terms of Use
Tutorials and the images they create and Digital Products represent copyrighted original concepts and artwork created by Tara Lesher.


YOU ARE ALLOWED TO:
1. View the tutorials and apply hands-on learning/practice to learn the skills needed to create your own original works of art.

2. Use the stock and models provided in the tutorial to apply hands-on learning/practice to learn the skills to create your own original works of art.

3. Use the Tara Lesher Digital Product Collections, such as digital backgrounds, backdrops, and overlays, for photography clients or personal use only. You may post these images on Social Media with credit to Tara Lesher. Without credit, it is a violation of our Terms of Use.

YOU ARE NOT ALLOWED TO:
1. Share/Post any recreated Tara Lesher Tutorial on Social Media or Websites, except the official Tara Lesher Education Facebook Group Page.

2. Create digital products to sell that are based on the concept of a copywritten tutorial, including but not limited to Digital Backgrounds or Overlays, regardless of the degree of variation.

3. Redistribute or sell any Tara Lesher Tutorials or Digital Products in any form.

We take our terms seriously and will pursue retribution/legal action or deactivate your account on Tara Lesher Education with no refunds against any violations of these terms.


Membership Eligibility Restriction
Please be advised that our membership is tailored exclusively for individual enthusiasts and practitioners of photography and Photoshop who seek to enhance their skills and knowledge through our resources. If you are an educator, instructor, or provider of training in photography and/or Photoshop, whether through social media platforms, personal websites, or in-person sessions, we regret to inform you that you are not eligible to join our membership. This measure is in place to preserve our resources' integrity and intended purpose, ensuring they directly benefit our community of individual learners and creators.

Important: Should it come to our attention that a member has joined our community while being an educator in the field of photography and Photoshop, their Tara Lesher Education (TLE) account will be immediately deactivated without the possibility of a refund. This policy is to ensure fair use and access to our resources for our intended audience. We appreciate your understanding and cooperation in maintaining the quality and exclusivity of our learning environment.

LAWYERS VERSION

Your access to and use of this website, as well as all related websites operated by Tara Lesher (which includes taralesher.com, among others) (collectively the "Site"), is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

 

You agree that the Site itself, as well as all Content, videos, training materials, products, services, and other materials made available on the Site by other third parties or us, as well as the look and feel of all of the preceding, (collectively referred to as the "Content"), are maintained for your personal use and information by Tara Lesher, (the "Company") and are the property of the Company and its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, sound recordings, artwork, photos, documents, and text, as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company, at this moment, grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless the Company expressly grants written permission. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials and may be subject to monetary damages and penalties. You may not distribute, modify, transmit, or use the Content of the Site or any Content, including any software, tools, graphics, and sound files, for public or commercial purposes without the Company's express written permission.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, images, and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademarks, are either the property of or used with permission by the Company. The use of Content by you is strictly prohibited unless expressly permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and third parties, as well as the laws of privacy and publicity and other regulations and statutes. Nothing contained in this Agreement or the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right but has no obligation, to remove Content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company [email protected]. Please provide your name and contact information and the nature of your work. How it is being violated, all relevant copyright and trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the Content of the Site.

When you register with the Company and this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by transmitting the information to you by email.

If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.

The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

The Company will not intentionally disclose any personally identifying information about you to third parties except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. Using the Site, you signify your acceptance of the Company's Privacy Policy, https://www.taralesher.com/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE PRECEDING, ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER'S NEEDS, OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER'S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY'S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND THE COMPANY'S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY'S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY'S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT TO IT, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents harmless from any liabilities, claims, damages, and expenses, including reasonable attorney's fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and other Content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its behalf.

This Agreement shall be governed by and construed by the laws of the State of Florida without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. Suppose any provision of this Agreement shall be unlawful, void, or for any reason unenforceable. In that case, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use may be revised occasionally by updating this posting. Any such revisions bind you and should, therefore, periodically visit this page to review the then-current Terms of Use to which you are bound.

These Terms of Use may be revised occasionally by updating this posting. Any such revisions bind you and should, therefore, periodically visit this page to review the then-current Terms of Use to which you are bound.
"Lifetime Access" is defined as Unlimited Forever streaming to Current Library Content, including any and all tutorials added by Tara Lesher Education until the business owner's retirement. At this time, the lifetime purchasers' Library will be made accessible through streaming services or downloads, whichever the business owner makes available.

Last Updated: September 1st, 2023