Terms and Conditions
Terms & Conditions of Digital Pattern Sales
Last modified September 1, 2022
PLEASE REVIEW THE INFORMATION CAREFULLY
These terms and conditions set out the terms and conditions between the Customer (“you”, “your”) and Menomelo Studio (“us”, “we”), governing the use of our website and our downloadable digital file media and content, to include, but are not limited to, templates, graphic designs, downloadable PDF files, and e-books (the “Products”). Your use of our website, and purchase, download, and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you are to refrain from using our website or purchase, download, or use any of our products.
1. LICENSE AND USE
ONE PURCHASE GRANTS YOU ONE LICENSE USE and is intended for the purchaser only. You may however purchase a template for a client, but, you may NOT use it for your use, another client, or user for personal or commercial use. That is not allowed. If the purchaser would like to use the same product(s) whether it is intended for the purchaser, the same client, a different client, or user, additional licenses must be purchased.Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product or products for the purpose of your own personal or commercial use, and convert the product(s) that result in end products only (the “Purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforementioned purpose. You shall not copy, re-sell, sublicense, rent out, share, or otherwise distribute any of our products, whether modified or not, to any third party other than for the aforementioned purpose. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
PERSONAL USE:
Under this License Use, you may create an unlimited number of end products using this template, for your personal use (not used for your business).
LIMITED COMMERCIAL USE:
Under this License use, you may use this product to create materials that only assist with the branding and marketing of one business.
2. INTELLECTUAL PROPERTY AND PRODUCT COPYRIGHT
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product. Products sold are copyrighted by Menomelo Studio and all credit for the designs shall be attributed appropriately. Permitted standard uses include creating an unlimited number of end products for personal use, making modifications and combining with other work to make derivative work for personal use only, and may be used in an item on a single social media account or website.
In accordance with the foregoing license prohibitions, you may not: (i) resell, redistribute or share any templates in whole or in part for any reason; (ii) claim these designs as your own; (iii) sell any design digital or printed on any online or e-commerce platform, including, but not limited to, Etsy, Ebay, and/or online or e-commerce platforms specializing or trading in personalized products.
3. REFUNDS AND CHARGEBACKS
Due to the digital nature of this product, all sales are final. Once a product has been purchased by you, you accept the product “as is” and waive any rights to cancellation or refund due to the electronic nature of our products. No refunds, exchanges, or substitutions will be made. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
4. WARRANTIES AND LIABILITY
We make every effort to ensure that our products are accurate, authoritative, and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied, or statutory, including, without limitation, any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
5. USER REQUIREMENTS
Our files are provided in PSD, PNG and JPG format. You are to familiarize yourself with basic understanding of Adobe Photoshop software requirements to use our products. Lack of understanding of the software and skills to use the product shall not constitute grounds for refunds or chargeback. Our digital products are created for personal and limited commercial use only. Any use other than described herein and covered under the terms of this agreement is prohibited.
6. PRINTING ERRORS
You are responsible for checking colors, bleeds, trim lines, texts, and fonts of the template before printing. Mennomelo Studio will not be held responsible for printing errors.
7. THIRD-PARTY LINKS
Some links provided are from websites owned and operated by third parties (“Linked Websites”) who are not related bodies corporate of Menomelo Studio. The Linked Websites are not under the control of Menomelo Studio and Menomelo Studio is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites. Menomelo Studio provides links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Menomelo Studio. Your link to any such Linked Website is entirely at your own risk. Menomelo Studio is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency these Terms and Conditions shall prevail.
8. GENERAL
These terms and conditions constitute the entire agreement and understanding between you and Menomelo Studio for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with the laws of the State of Maharashtra, India and both parties submit to the exclusive jurisdiction of the courts therein over any claim, dispute, or matter arising under or in connection with these terms and conditions or our relationship with you.