This Service Agreement ("Agreement") is entered into by and between Estes Media, LLC., ("Provider"), and the customer ("Client") who purchases and/or downloads design templates ("Templates") from Provider's website or any other authorized platform. This Agreement sets forth the terms and conditions under which the Templates are provided to the Client.
- SALES POLICY
1.1 All sales of the Templates are final. Due to the downloadable and digital nature of these products, Provider does not issue refunds for any Templates purchased by the Client. The Client acknowledges and agrees that once the purchase is made, the sale is deemed final and no refunds will be granted.
- INTELLECTUAL PROPERTY RIGHTS
2.1 The Templates provided by Provider are protected by intellectual property laws and are owned by Provider. The Client acknowledges and agrees that all intellectual property rights, including but not limited to copyright, trademarks, and trade secrets, pertaining to the Templates, shall remain the exclusive property of Provider.
2.2 The Client shall not redistribute, resell, or modify the Templates for the purpose of resale, in whole or in part, without the prior written consent of Provider. The Client further agrees not to create derivative works from the Templates without the express permission of Provider.
- LICENSE RESTRICTIONS
3.1 Each Template is licensed for use by one business only. If the Templates are used for multiple businesses, the Client must purchase a separate license for each business. The Client shall not use the Templates for any other purpose or in any other manner that is not expressly authorized under this Agreement.
3.2 The Client shall not sublicense, assign, transfer, or otherwise dispose of the license granted under this Agreement to any third party without the prior written consent of Provider.
- FONT AND IMAGE USAGE
4.1 The Client acknowledges and understands that the fonts and images used in the Templates are for demonstration purposes only. Some templates may include fonts that must be replaced with the Client's licensed fonts upon purchase.
4.2 The Client agrees to review and comply with the font licensing terms associated with the Templates. It is the Client's responsibility to obtain the necessary licenses for any fonts used in the Templates, if required.
4.3 Provider shall not be held responsible for any font licensing violations or infringements resulting from the Client's use of the Templates. The Client assumes full responsibility for ensuring the proper licensing and usage of fonts in connection with the Templates.
- DISCLAIMER OF WARRANTIES
5.1 The Templates are provided "as is" without any warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Provider does not warrant that the Templates will meet the Client's requirements or that they will be error-free, uninterrupted, or free from viruses or other harmful components.
- LIMITATION OF LIABILITY
6.1 In no event shall Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the use or performance of the Templates, even if Provider has been advised of the possibility of such damages.
6.2 Provider's total liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client for the Templates.
- GOVERNING LAW AND JURISDICTION
7.1 This Agreement shall be governed by and construed in accordance with the laws of THE STATE OF TEXAS, without regard to its conflict of laws principles.
7.2 Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in THE STATE OF TEXAS.
- ENTIRE AGREEMENT
8.1 This Agreement constitutes the entire agreement between Provider and the Client and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to the subject matter hereof.