This website is operated under the name Swell Presets, a DBA (Doing Business As) of Mandy Ford LLC. Throughout the site, the terms “we”, “us”, and “our” refer to Swell Presets. Swell Presets offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing a product or service from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current site shall also be subject to the Terms of Service.

This Privacy Policy sets forth the practices and commitments of Swell Presets, operating as a DBA under Mandy Ford LLC. Throughout this document, the terms "we", "us", "our", and “Swell Presets” refer to Mandy Ford LLC, particularly in its operation as Swell Presets. This policy applies to all information collected through the Swell Presets website and any associated services or communications.

Messaging & SMS

By opting into Swell Presets' text message alerts, you consent to receive recurring automated marketing messages from us regarding our products and services at the phone number you used to sign up. These messages may be delivered using an automatic telephone dialing system or other technologies. Your agreement to receive these messages isn't a condition of any purchase. Standard message and data rates may apply. To unsubscribe from our text message service, simply text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For assistance, text HELP. Following your opt-out request, you might receive one final message confirming your decision to unsubscribe. Please be aware that the only effective method to opt out of our text message service is by using the text commands mentioned above.

In Addition, you agree to Swell Presets Messaging Terms, and Messaging Privacy Policy.

Agreement To Terms

This Terms of Use Agreement is a legally binding contract between you (referred to as “you”) and Swell Presets (“we,” “us,” or “our”), regarding your access to and use of the Swell Presets website at https://swellpresets.com, along with any associated media forms, channels, mobile website, or mobile application connected to it (collectively, the “Site”). The Site offers an online platform for a variety of products and services, including but not limited to Lightroom presets and related digital tools (referred to as the “Site Offerings”).

By accessing and using the Site and its Offerings, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. It is imperative to create and maintain a secure environment for all transactions on the Site, and as such, compliance with these Terms of Use is mandatory. If you do not agree to these Terms of Use in their entirety, your authorization to access and use the Site and its Offerings is immediately revoked, and you must cease all such activities forthwith.

Additional terms, conditions, or documents that may be introduced on the Site intermittently are automatically included as part of this agreement by reference. Swell Presets maintains the exclusive right to alter or amend these Terms of Use at any time and for any purpose at our discretion. Changes will be indicated by revising the 'Last updated' date at the top of these Terms of Use. By using this site, you agree to forego the right to direct individual notifications of each change. It is your obligation to review these Terms of Use regularly to remain informed about any alterations.

The content and services provided on the Swell Presets website are not designed for distribution or use in any jurisdiction or country where such distribution or use would conflict with local laws or regulations, or would require Swell Presets to register within such jurisdiction or country. Therefore, individuals who choose to access the Swell Presets website from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws to the degree that such laws are relevant.

Swell Presets is designed for use by individuals who are at least 18 years of age. The Swell Presets website and its offerings are not intended for, and should not be used or registered for by, persons under the age of 18.

Personal Information

The provision of your personal information via our online store is governed by our Privacy Policy.

Registration on the Site may be necessary to access our digital products. It is your responsibility to maintain the confidentiality of your password and to manage all activities that occur under your account. Swell Presets retains the authority to delete, reclaim, or modify any username chosen by you if it is deemed, at our sole discretion, to be inappropriate, offensive, or otherwise unsuitable.

Intellectual Property Rights

Unless specified otherwise, both the Swell Presets website and the Site Offerings are the exclusive property of Swell Presets, a DBA of Mandy Ford LLC. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively known as the “Content”), as well as all trademarks, service marks, and logos contained therein (the “Marks”). These are owned, controlled, or licensed by Swell Presets and are safeguarded by copyright and trademark laws, along with other intellectual property rights and laws against unfair competition in the United States, international jurisdictions, and under international conventions. The Content and the Marks on the Swell Presets website are made available 'AS IS' for your information and personal use only. Except as explicitly stated in these Terms of Use, no part of the Swell Presets website, the Site Offerings, the Content, or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, displayed publicly, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for any commercial purpose without our explicit prior written consent.

As a user eligible to access the Swell Presets website, you are granted a limited license to access and utilize the website and to download or print a portion of the Content that you have rightfully accessed, solely for your personal, non-commercial use. Swell Presets reserves all rights not specifically granted to you in relation to the website, the Content, and the Marks.

Disclaimer Of Representations And Warranties

You are prohibited from using the Swell Presets website or any of its digital products for unlawful or unauthorized purposes. Additionally, your usage of our digital products must not contravene any applicable laws. The following items are explicitly forbidden on our platform: any form of intoxicants; illegal drugs or products; alcoholic beverages; gambling-related activities; and any form of pornographic or explicit adult content, imagery, or products. Any instance of posting or promoting these prohibited items can lead to the immediate termination of your account and a permanent ban from accessing the Swell Presets website.

Swell Presets, as a purveyor of digital products, does not make any claims regarding the absolute safety, effectiveness, adequacy, accuracy, or legality of the content and products presented on our website. The information available on our site, including but not limited to prices, ratings, reviews, and product descriptions, is provided without any guarantee of accuracy. Users should understand that the content on the Swell Presets website is not meant to serve as a reliable basis for decision-making and should be independently verified.

We hereby disclaim all responsibility for any errors, inaccuracies, or misrepresentations found in any content on our website. Furthermore, Swell Presets does not endorse or vouch for the quality of the digital products sold through our platform. Our website serves the primary purpose of providing information and facilitating the advertisement and sale of digital products.

In addition, users are cautioned that digital products may have limitations and are subject to the terms of use and licenses under which they are sold. It is the user's responsibility to comply with these terms and use the products accordingly. Swell Presets is not liable for any non-conformance to such terms by the user.

By using our website and purchasing our digital products, you agree to indemnify and hold Swell Presets, a DBA of Mandy Ford LLC, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, your violation of these terms, or your infringement of any intellectual property or other right of any person or entity.

Prohibited Activity

The Swell Presets website is to be accessed and utilized solely for its intended purposes. Commercial use of the site is only permitted with explicit endorsement or approval from Swell Presets.

As a user, you are obligated to refrain from the following activities:

• Extracting data or content from the Swell Presets site to build, either directly or indirectly, any collection, compilation, database, or directory without our written consent.
• Unauthorized use of the offerings on our site, such as collecting user information like usernames or email addresses for sending unsolicited emails or creating user accounts through automated processes or under false pretenses.
• Tampering with, circumventing, or disrupting any security features of the site, including those that limit the use or reproduction of any content or impose restrictions on the site and its content.
• Engaging in unauthorized framing or linking to the Swell Presets website.
• Deceiving, defrauding, or misleading us and other users, particularly to obtain sensitive information such as passwords.
• Misusing our support services or submitting false reports of abuse or misconduct.
• Impeding, disrupting, or placing undue strain on the Swell Presets website or any networks or services connected to it.
• Utilizing any information gathered from the site to harass, abuse, or harm another individual.
• Decoding, decompiling, disassembling, or reverse engineering any part of the software that constitutes a portion of the Swell Presets site.
• Uploading, transmitting, or attempting to upload or transmit, viruses, Trojan horses, or other disruptive materials, including engaging in spamming or the overuse of capital letters, which hampers anyone’s uninterrupted enjoyment of the site or disrupts the site’s functionality and maintenance.

All interactions with the Swell Presets site must comply with applicable laws and regulations.

Site Offerings

Digital products and services, referred to as 'Site Offerings,' available from Swell Presets are subject to availability. While we endeavor to keep a consistent availability of our Site Offerings, the inherent nature of digital products means that this availability may vary. Some Site Offerings might be exclusively accessible through our website and could be available in limited quantities. Given the digital nature of our Site Offerings, all sales are final, and we do not offer refunds, in line with Swell Presets' No Refund Policy.

At Swell Presets, we reserve the right to limit the quantities of specific Site Offerings made available on our website. Furthermore, the pricing of our Site Offerings is subject to change without prior notice, particularly during special promotions, sales events, or other unique offers, and as such, previously listed prices may not always be applicable at the time of purchase. We also reserve the right to discontinue any of our Site Offerings at any time, at our sole discretion. Please be aware that Swell Presets does not ensure that the quality of the Site Offerings purchased will meet every one of your expectations or that any errors in the website will be immediately rectified.

Accuracy of Billing & Account Information 

Swell Presets reserves the full right to decline any order placed by you. We may, at our sole discretion, limit or cancel the quantities ordered per individual, per household, or per order. These limitations could apply to orders made under the same customer account, orders using the same credit card, and orders that share the same billing and/or shipping address. If we alter or cancel an order, we will make an effort to inform you by reaching out to the email, billing address, or phone number provided at the time the order was placed. Additionally, Swell Presets holds the right to refuse or limit orders that we believe, in our sole judgment, are made by dealers, resellers, or distributors.

When you make a purchase from Swell Presets, you are agreeing to provide accurate, complete, and up-to-date information for all transactions conducted at our online shop. This includes a responsibility to promptly update your account and other pertinent information, such as your email address and credit card details, to facilitate successful transactions and enable us to communicate with you as necessary.

Reviews & Ratings Policy

Guidelines for User-Submitted Reviews

Swell Presets provides designated areas on the website for users to submit reviews and ratings. To ensure a respectful and fair environment, all user-submitted reviews must adhere to the following guidelines:

• First Hand Experience: Reviews must be based on your direct experience with the product or service.
• Appropriate Language: Reviews should not include any offensive, abusive, racist, or hateful language.
• Non-Discriminatory: Avoid any discriminatory remarks related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• Legal Compliance: Refrain from references to illegal activities in your reviews.
• Conflict of Interest: If you are affiliated with competing businesses, do not post negative reviews.
• Legality of Conduct: Avoid making assertions about the legality of conduct.
• Accuracy: Do not post false or misleading statements in your reviews.
• No Campaigns: Organizing campaigns to influence others to post reviews, either positive or negative, is prohibited.

Review Moderation and Rights

Swell Presets reserves the right to accept, reject, or remove any reviews at our sole discretion. We are under no obligation to screen reviews or to delete them, even if deemed objectionable or inaccurate by others. Reviews posted on our website:

• Do not necessarily reflect the opinions or views of Swell Presets or our affiliates and partners.
• Are not endorsed by Swell Presets.

We assume no liability for any content within the reviews or any claims, liabilities, or losses resulting from such reviews. By submitting a review on our site, you grant Swell Presets a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to use, reproduce, modify, translate, transmit, display, perform, and distribute the review content.

User Generated Content & Intellectual Property Rights

By interacting with the Swell Presets website, you recognize and consent that any questions, comments, suggestions, ideas, feedback, or other types of submissions ("User-Generated Content") you provide in relation to our services or digital products are non-confidential and will become the exclusive property of Swell Presets. We will have all-encompassing rights, inclusive of all intellectual property rights, over these submissions. This grants us the unrestricted freedom to use, distribute, and disseminate these submissions for any lawful purposes, both commercial and otherwise, without any form of acknowledgment or compensation to you.

By submitting such content, you relinquish any moral rights you may hold in these submissions. You also affirm that these submissions are your original creations or that you have the necessary rights or permissions to provide them. You agree not to pursue any claims against Swell Presets for any alleged or actual infringement, misappropriation, or violation of any proprietary rights in your submissions.

Refund Policy

All Sales Final.

At Swell Presets, we offer digital products and services that are subject to the following Refund Policy:

• 1. No Refunds: All sales made through Swell Presets are final. Due to the digital nature of our products and the immediacy of their delivery, we cannot offer refunds once a purchase has been made.
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• 2. Understanding the Policy: By making a purchase on Swell Presets, you acknowledge and agree that all sales are final and that refunds will not be provided under any circumstances.
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• 3. Exceptional Circumstances: In the event of exceptional circumstances where a refund is deemed necessary by Swell Presets, such as duplicate transaction charges for a single digital product, this will be solely at our discretion. Such cases are rare and are not an indication of a change in policy. Exceptional circumstances are not guaranteed in every customer case. 
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• 4. Quality and Compatibility: We strive to provide detailed descriptions and previews of our digital products to ensure you have all the necessary information before making a purchase. We encourage you to review all product information and ensure compatibility with your systems or software before completing your purchase.
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• 5. Customer Support: For any questions or concerns about our digital products before purchase, please contact us at info@swellpresets.com. We are happy to assist you in making an informed decision.
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• 6. Policy Acknowledgment: By completing your purchase, you agree that you have read this policy, understand it, and agree to its terms.

Third Party Website Links & Content

The Swell Presets website may feature or direct you to links to other external websites ("Third-Party Websites"), and may include or offer access to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other materials originating from third parties ("Third-Party Content"). We do not conduct reviews, monitoring, or verification for accuracy, appropriateness, or completeness of such Third-Party Websites and Third-Party Content. Therefore, Swell Presets assumes no responsibility for any Third-Party Websites accessed via our site, nor for any Third-Party Content posted, accessible, or installed from our site, including but not limited to the content's accuracy, offensiveness, viewpoints, reliability, privacy practices, or other policies embedded in the Third-Party Websites or Third-Party Content.

Our inclusion of or linking to any Third-Party Websites or Third-Party Content does not imply Swell Presets' approval or endorsement. Should you choose to exit the Swell Presets site and engage with any Third-Party Websites, or use or install any Third-Party Content, you do so at your own risk, and our Terms of Use will no longer apply. We advise you to review the terms and policies, especially concerning privacy and data collection, of any Third-Party Websites you visit as a result of our site, or any applications you use or install from our site.

Purchases made through Third-Party Websites are conducted between you and the respective third-party company, and Swell Presets bears no responsibility for such transactions. You acknowledge and agree that Swell Presets does not endorse the products or services offered on Third-Party Websites. Furthermore, you agree to indemnify Swell Presets against any damages or losses you incur or harm you suffer related to your interaction with Third-Party Content or your contact with Third-Party Websites.

Site Management and Enforcement of Terms

Swell Presets reserves the right, though not the obligation, to undertake the following actions:

• Site Monitoring: We may monitor the Site to ensure compliance with these Terms of Use.
• Legal Action: We hold the authority to take legal action against anyone who violates these Terms of Use or the law, as determined by us in our sole discretion. This action may include reporting the user to law enforcement authorities.
• Access and Content Control: At our discretion, we may refuse access, restrict, limit, or disable any user contributions or content on the Site, as far as technologically feasible, without any obligation to provide notice or assume liability.
• Content Removal: We may remove or disable any files or content from the Site that are excessively large or burdensome to our systems, at our sole discretion and without prior notice or liability.
• Site Management: We may manage the Site in a way that we deem appropriate to protect our rights and property and ensure the smooth operation of the Site and its Offerings.

Commitment to Data Privacy and Security

At Swell Presets, we prioritize your data privacy and security. We encourage you to familiarize yourself with our Privacy Policy, which can be found here. By accessing and using the Swell Presets website and our digital offerings, you acknowledge and agree to comply with our Privacy Policy, an integral part of these Terms of Use.

Our website and digital offerings are hosted in the United States. If you are accessing our website from the European Union, Asia, or any other region with laws governing personal data collection, use, or disclosure that differ from U.S. laws, your continued use of our website signifies your explicit consent to the transfer and processing of your data in the United States.

Additionally, Swell Presets is committed to protecting the privacy of children. We do not knowingly collect, use, or disclose information from children under the age of 13 without verified parental consent, in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA). If we become aware that we have inadvertently received personal information from a child under 13 without appropriate consent, we will take steps to remove that information from our records promptly.

Governing Laws

The Terms of Use governing your access to and use of the Swell Presets website and its Site Offerings are subject to and interpreted in line with the laws of the State of California. This applies to all agreements made and actions performed within the State of California, irrespective of conflict of law principles.

Disclaimer

The Swell Presets website and its Site Offerings are provided on an "as-is" and "as-available" basis. Your use of the Swell Presets website and our services is entirely at your own risk. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express or implied, related to the Swell Presets website and its Site Offerings, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not make any guarantees regarding the accuracy or completeness of the content on the Swell Presets website or any content of websites linked to our site. Swell Presets will not be responsible or liable for any errors, inaccuracies, or omissions in content and materials, any personal injury or property damage resulting from your access to and use of our website, any unauthorized access to or use of our secure servers and/or any personal or financial information stored on them, any interruption in the transmission to or from our website or Site Offerings, any malicious software that may be transmitted to or through our website by any third party, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Swell Presets website.

Furthermore, Swell Presets does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our website, any hyperlinked website, or any website or mobile application featured in any banner or other forms of advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services. As with any purchase of a product or service through any medium or in any environment, you should exercise appropriate judgment and caution.

Limit Of Liability

In no circumstance shall Swell Presets, including our owner, directors, employees, or agents, be liable to you or any third party for any type of damages, whether direct, indirect, consequential, exemplary, incidental, special, or punitive. This includes, but is not limited to, loss of profit, revenue, data, or other types of damages arising from your use of the Swell Presets website or its Site Offerings, even if we have been informed about the potential for such damages.

Indemnification

You agree to defend, indemnify, and hold harmless Swell Presets, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, that may arise from your actions. This includes but is not limited to: (1) your use of the Site Offerings; (2) any violation of these Terms of Use; (3) breach of your representations and warranties as outlined in these Terms of Use; (4) infringement of third-party rights, including intellectual property rights; or (5) any harmful act committed against another user of the Swell Presets website or Site Offerings with whom you have interacted.

Notwithstanding the above, Swell Presets reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You are expected to cooperate with our defense of such claims. We will endeavor to notify you of any such legal action or proceeding that falls under this indemnification clause as soon as we become aware of it.