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1. INFORMATION ABOUT US
Logopik agrees to ship the digital file(s) to the Licensee (“You”) on the situation that You settle for the next phrases of use (“Settlement”). By downloading the digital file, You’re accepting and agreeing to the phrases and situations of this Settlement which represent a authorized settlement between You and the MP. If You don’t agree with the phrases of this Settlement, You shouldn’t obtain the digital file. As soon as the digital file is downloaded and obtained by You, no refunds or exchanges for the digital obtain shall be given, besides as could also be necessitated by a technical problem.
2. HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS
These Digital Product phrases and situations of sale (along with any related paperwork referred to in them (together with the Web site phrases of use)) set out the phrases on which we provide any of the next merchandise by way of our website to you:
Digital downloads of audio merchandise to your pc or cell units;
Digital downloads of video merchandise to your pc or cell units;
Digital downloads of net web page associated recordsdata (i.e. html, css, php, js) to your pc or cell units;
(the “Digital Merchandise”)
Every time you buy Digital Merchandise via this website you’ll be required to click on the “Proceed On to Checkout” button to finish the order, which is preceeded by the instruction “All purchases are topic to our license settlement & phrases and situations”. By clicking the “Proceed to Checkout” button and/or through the use of this website to buy Digital Merchandise you might be accepting each this license settlement and phrases and situations of sale and if related any product particular phrases. Any phrases which you search to impose in respect of your buy of Digital Merchandise via this website is not going to type a part of any contract between us. Please learn these phrases and situations rigorously earlier than ordering any of the Merchandise from our website. When you have any queries on these phrases please contact us earlier than inserting any order.
To the extent that there’s any battle or inconsistency between the phrases and situations on this website and the Privateness Coverage in respect of your use of and/or order for Digital Merchandise the next order of priority will apply:
Digital Product phrases and situations of sale;
Web site phrases of use;
We advocate you evaluate these phrases and situations every time you buy Digital Merchandise and print a duplicate of those phrases and situations in your future reference.
3. ABOUT YOU
By inserting an order for Digital Merchandise via our website, you warrant that:
You’re legally able to coming into into binding contracts;
You’re not less than 18 years previous;
You’ll not copy, distribute or share the Digital Merchandise apart from as allowed below these phrases of sale and the product license settlement.
By inserting an order for Digital Merchandise you agree that we might retailer, course of and use private information collected from you for the needs of processing/fulfilling your order. We work with third events that assist us present the Digital Merchandise to you together with card fee and assortment corporations and they’re going to even have entry to your private information to the extent obligatory to assist us course of/fulfil your order. For additional details about how we might retailer, course of and use your private information please seek advice from our Privateness Coverage.
You do have to register with the location to position an order for Digital Merchandise, you’ll be required to offer us with sure info together with sure private and fee/billing particulars in order that we are able to course of your order.
You agree to offer us with truthful, full and correct particulars. You agree to offer us together with your particulars solely. You must maintain any account particulars (together with any password) secure and mustn’t share or disclose them to anybody. Please notify us instantly for those who suspect your account particulars have been compromised. You’re liable for all orders positioned/exercise undertaken utilizing your account particulars.
5. DIGITAL PRODUCTS
We offer the digital service on this website which lets you entry and buy downloads of Digital Merchandise (together with info associated to those merchandise and related art work).
All Digital Merchandise accessible via this website are owned or managed by us are protected by mental property rights. This contains the design, compilation, and feel and appear of the Logopik website online, and copyright, emblems, designs and different mental property. We personal all of the emblems, logos, service marks and commerce names (except in any other case said and excluding this stuff owned by others).
Any use of Digital Merchandise bought via this website are topic to the product license settlement. Upon fee of the worth of the Digital Product we grant you a non unique, non-transferable single-user or multi-user license to make use of the Digital Product with these phrases of sale.
You agree that you’ll not redistribute, transmit, assign, promote, broadcast, lease, share, lend, modify, adapt, edit, sub-license or switch any Digital Merchandise accessible via this website (whether or not the identical can be found as downloads) in any method apart from explicitly described within the product license settlement. Nothing in these phrases of sale grants to you any rights apart from these expressly set out herein. These phrases don’t grant to you any rights in relation to the synchronisation, public efficiency, promotional use, industrial sale, resale, replica, distribution or industrial exploitation of any Digital Product.
We shall be entitled to acquire injunctive aid in opposition to you, along with all different cures that we might have, to implement these phrases of sale and to stop your unauthorised use of this website and/or Digital Merchandise.
Downloads of Digital Merchandise are able to being downloaded to and saved on the laborious drive of your pc or cell units after which exported, burned or copied. It’s essential to adhere to any and all utilization restrictions that apply to the Digital Product as set out within the product license settlement.
Our Digital Merchandise might carry a digital watermark that permits us to determine the origin of the Digital Product and observe any subsequent unauthorised switch. You comply with not try and take away the watermark or circumvent the safety expertise in any manner.
6. PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After inserting an order for a Digital Product by way of our website, you’ll obtain an on display message and e-mail from us setting out the main points of your order and acknowledging that we have now obtained your order.
The contract for the acquisition of any Digital Product shall be between You and Us and can solely be fashioned once we make the Digital Product accessible for obtain and we have now obtained fee in full for the Digital Product. Till we make the Digital Product accessible for obtain and obtain fee in full there isn’t any contract between you and us for the Digital Merchandise. We reserve the correct, in our sole discretion to reject any orders we obtain.
7. AVAILABILITY AND DELIVERY
All Digital Merchandise featured on our website are topic to availability. We reserve the correct to alter or take away a Digital Product or different content material on the location at any time with out discover or legal responsibility to You. Causes would possibly embody high quality assurance, if we obtain a sound copyright take-down discover, if we predict that the usage of your content material is unauthorised, deceptive, incorrect, offensive, or in breach of anybody else’s rights, or if we predict that any content material would possibly end in legal responsibility to Us or anybody else.
8. PRICE AND PAYMENT FLOW
We are going to present a obtain hyperlink to your bought Digital Product inside 24 hours of fee being obtained.
We will decide in our discretion on occasion whether or not and which Digital Merchandise are to be made accessible freed from cost, on request of the respective creator or in return for another consideration.
The worth of any Digital Product shall be as quoted on this website on the then present time, besides within the case of apparent error. We is not going to settle for any affords for Digital Product apart from on the then present worth. Digital Product could also be bought individually, or as a bundle. We reserve the correct to make sure Digital Merchandise accessible solely as half of a bigger product.
We use our greatest efforts to make sure the costs of Digital Merchandise displayed on our website are appropriate. Nevertheless, our website incorporates numerous Digital Merchandise and it’s all the time potential that, regardless of our greatest efforts, a number of the Digital Merchandise listed on our website could also be incorrectly priced. If a Digital Product’s appropriate worth is increased than the worth said on our website on the time you positioned your order and we have now not but taken fee and made the Digital Product accessible for obtain we are going to usually, at our discretion, both contact you for directions earlier than making the Digital Product accessible for obtain (ie to substantiate your order and that you simply want to proceed on the appropriate worth), or reject your order and notify you of such rejection.
We’re below no obligation to offer the Digital Product to you on the incorrect (decrease) worth if the pricing error is apparent and unmistakeable and will have moderately been recognised by you as a pricing mistake. We reserve the correct to withdraw from any contract for Digital Merchandise within the case of apparent and unmistakable pricing errors.
Costs for Digital Merchandise are liable to alter at any time, however these adjustments is not going to have an effect on orders in respect of which we have now already taken fee and made the obtain accessible.
Notice that in case you are downloading the digital merchandise to a cell system, some community/service suppliers might cost you an extra quantity for this service. We advocate you contact your community/service supplier to grasp the character and extent of any further fees earlier than choosing the obtain to cell choice. Notice that abroad roaming fees might also apply.
Cost for all Digital Merchandise have to be by bank card, Stripe or Paypal. We settle for the bank cards displayed on the fee web page of our website online.
By offering the main points of a credit score or debit card to be billed or fee account to be debited for fee of the worth due, you affirm that you’re authorised to buy the Digital Merchandise and that you’re the holder of the related credit score or debit card or of the related fee account or are expressly authorised to make use of such. All card funds and card holder particulars could also be topic to validation checks by us and the cardboard issuer.
All credit score/debit card holders are topic to validation checks and authorisation by the cardboard issuer. If the issuer of your card refuses to authorise fee we is not going to settle for your order and we is not going to be accountable for any delay or non-delivery and we aren’t obliged to tell you of the explanation for the refusal. We aren’t liable for your card issuer or financial institution charging you because of our processing of your credit score/debit card fee in accordance together with your order. Ought to there be an issue together with your fee we are going to contact you to debate the subsequent steps.
9. CANCELLATIONS AND RETURNS
You might not cancel an order by you for any obtain of a Digital Product as soon as it has been made accessible for obtain by you. Every buy of a obtain shall be deemed a ultimate, non-exchangeable, non-refundable sale.
We take nice care in offering our Digital Merchandise. Within the unlikely occasion of faults with, or injury to, the Digital Merchandise or when you have obtained an defective or incomplete Digital Product please contact us via our contact type. We are going to substitute any such defective or broken Digital Product if potential or if there are persevering with points with the Digital Product we might problem a refund. It’s essential to notify us inside an affordable time period of obtain of the Digital Product. When you fail to inform us inside an affordable time, we could have no legal responsibility to you.
10. TERMINATION OF YOUR ACCOUNT
In case you are in breach of, or we suspect you might be in breach of, these Digital Product Phrases of Sale then we might take any/all the following actions:
Situation a warning to you;
Rapid, non permanent or everlasting withdrawal of your entry to your account and/or the location nevertheless you’ll stay liable for all excellent quantities in your account;
Authorized motion in opposition to you;
Disclosure of knowledge to legislation enforcement authorities as we moderately really feel is critical.
The responses described above should not restricted and we might take any motion we moderately deem applicable.
11. OUR LIABILITY TO YOU
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
You agree you’ll have no declare in opposition to us, in respect of any determination to take away Digital Product from this website or any determination to droop or terminate your entry to this website or to Digital Merchandise (together with by means of buy) via the location.
We warrant to you that any Digital Product bought from us via our website is of passable high quality and fairly match for the aim for which merchandise of the identical variety are generally equipped. We don’t make every other guarantees or warranties in regards to the Digital Merchandise. You agree that use of this website to entry or buy Digital Merchandise is at your sole threat.
If You or We’re in breach of the contract for the Digital Product, neither of Us shall be liable for any losses that the opposite suffers consequently, apart from these losses that are a foreseeable consequence of the breach. Losses are foreseeable the place they might be contemplated by you and us on the time your order is accepted by us.
Our legal responsibility for losses you endure because of us breaking a contract for a Digital Product(s) is strictly restricted to the acquisition worth of the related Digital Product(s) affected.
We aren’t liable for losses which occur as a facet impact of the primary loss or injury and which aren’t foreseeable by you and us together with however not restricted to:
Third get together loss;
Lack of earnings or income;
Lack of enterprise;
Lack of earnings or contracts;
Lack of anticipated financial savings;
Lack of, injury to or corruption of knowledge;
Lack of alternative or goodwill;
Oblique or consequential lack of any variety; nevertheless arising and whether or not attributable to tort (together with negligence), breach of contract or in any other case.
This part doesn’t exclude or restrict in any manner our legal responsibility:
For loss of life or private damage attributable to our negligence;
For fraud or fraudulent misrepresentation;
For any deliberate breaches of those phrases by us that may entitle you to terminate the contract between us referring to the Digital Merchandise; or
For any matter for which we can’t exclude, or restrict our legal responsibility below relevant legislation.
12. WRITTEN COMMUNICATION
Relevant legal guidelines require that a number of the info or communications we ship to you ought to be in writing. When utilizing our website, you settle for that communication with us shall be primarily digital. We are going to contact you by e-mail or offer you info by posting notices on our website. For contractual functions, you comply with this digital technique of communication and also you acknowledge that every one contracts, notices, info and different communications that we offer to you electronically adjust to any authorized requirement that such communications be in writing.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
Neither you nor we might switch, assign, cost or in any other case get rid of a contract for Digital Merchandise, or any rights or obligations arising below it, with out the opposite’s prior written consent. You agree nevertheless that we might sub-contract our obligations (for instance contracting with a 3rd get together firm to ship the Digital Product) supplied that we stay accountable to you for the efficiency of the contract.
14. EVENTS OUTSIDE OUR CONTROL
We is not going to be liable or liable for any failure to carry out, or delay in efficiency of, any of our obligations below a contract for a Digital Product that’s attributable to occasions exterior our cheap management (Drive Majeure Occasion).
A Drive Majeure Occasion contains any act, occasion, non-happening, omission or accident past our cheap management and contains particularly (with out limitation) strikes, lock-outs or different industrial motion, civil commotion, riot, invasion, terrorist assault or menace of terrorist assault, struggle (whether or not declared or not) or menace or preparation for struggle, hearth, explosion, storm, flood, earthquake, subsidence, epidemic or different pure catastrophe, impossibility of the usage of railways, transport, plane, motor transport or different technique of public or non-public transport, impossibility of the usage of public or non-public telecommunications networks and/or the acts, decrees, laws, rules or restrictions of any authorities.
Our efficiency below any contract shall be suspended for the interval that the Drive Majeure Occasion continues, and we could have an extension of time for efficiency the identical because the period of that interval. We are going to use our cheap endeavours to carry the Drive Majeure Occasion to a detailed or to discover a resolution by which our obligations referring to the Digital Merchandise could also be carried out regardless of the Drive Majeure Occasion.
If we fail, at any time in the course of the time period of a contract for a Digital Product, to insist upon strict efficiency of any of your obligations below the contract or any of those phrases and situations, or if we fail to train any of the rights or cures which we’re entitled to below the contract referring to the Digital Merchandise, this shall not represent a waiver of such rights or cures and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not represent a waiver of any subsequent default.
No waiver by us of any of those phrases and situations shall be efficient except it’s expressly said to be a waiver and is communicated to you in writing in accordance with part 14 above.
16. SEVERABILITY AND THIRD PARTY RIGHTS
If any of those phrases or any provisions of a contract for a Digital Product are decided by any competent authority to be invalid, illegal or unenforceable to any extent, such time period or provision will to that extent be faraway from the remaining phrases and provisions which is able to proceed to be legitimate to the fullest extent permitted by legislation.
An individual who is just not a celebration to those phrases of sale has no rights below the Contracts (Rights of Third Events) Act 1999 to implement any of those phrases however this part doesn’t have an effect on a proper or treatment of a 3rd get together which exists or is on the market other than that Act.
17. ENTIRE AGREEMENT
We intend to rely on these phrases and situations of sale and any doc expressly referred to in them in relation to the subject material of any contract referring to the Digital Merchandise. In case you are unsure about your rights or suppose there’s a mistake or that the phrases should not full and correct or don’t replicate any dialog with our buyer companies representatives, please contact us earlier than inserting an order to be able to talk about your question/concern as we solely settle for duty for statements made in writing. In that manner, we are able to keep away from any issues surrounding what we and you might be anticipated to do in relation to the contract for the Digital Product.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Now we have the correct to revise and amend these phrases and situations of sale on occasion together with to replicate adjustments affecting our enterprise, adjustments in expertise, adjustments in licensing preparations, adjustments in fee strategies, adjustments in related legal guidelines and regulatory necessities and adjustments in our website’s capabilities.
You may be topic to the insurance policies and phrases and situations of sale in pressure on the time that you simply order Digital Merchandise from us, except any change to these insurance policies or these phrases is required to be made by legislation or governmental authority (during which case it is going to apply to orders beforehand positioned by you), or if we provide you with cheap discover of the change to these insurance policies or these phrases and situations of sale earlier than we affirm your order (during which case we have now the correct to imagine that you’ve accepted the change to the phrases and situations, except you notify us on the contrary inside seven working days of receipt by you of the Digital Merchandise or our coming into into the contract for the Digital Merchandise (as relevant)).
19. LAW AND JURISDICTION
Contracts for the acquisition of Digital Merchandise via our website and any dispute or declare arising out of or in reference to them or their material or formation (together with non-contractual disputes or claims) shall be ruled by all relevant United States and native legal guidelines and regulation. Any dispute or declare arising out of or in reference to such contracts or their formation (together with non-contractual disputes or claims) shall be topic to the non-exclusive jurisdiction of the courts of the USA.
20. QUESTIONS OR COMPLAINTS?
When you have any queries in any respect concerning this website, the merchandise featured on the location or any of the phrases, please don’t hesitate to contact us via our contact type, and we shall be very happy to help you.