This Terms of Purchase Agreement (the “Agreement”), is made by and between GYIDI WEB DESIGN & CONSULTING LLC (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Digital Product/Product (as defined below) from Company, Purchaser agrees to the following terms:
Company provides Digital Resources, including templates (herein referred to as the “Product”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Purchaser’s purchase of the Product includes the ability to enter into agreements and/or make transactions electronically. PURCHASER ACKNOWLEDGES THAT THEIR PURCHASE CONSTITUTES THEIR AGREEMENT TO AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY RELATED AGREEMENT INCLUDING OTHER POLICIES AND CONTRACTS, AND TO PAY FOR PRODUCT.
Due to the digital nature of the Product, and because instant access is granted as soon as the purchase is made, no refunds are offered.
DIGITAL PRODUCTS LICENSE.
By purchasing the Digital Product(s), the Purchaser agrees to the following Digital Product License:
GYIDI WEB DESIGN & CONSULTING LLC membership comes with a non-exclusive limited use license.
- Resize, crop or change Digital Product(s) orientation.
- Change the Color scheme, Font, Text, and Photos in order to serve the purpose of the purchase.
- Add filters or color overlays to suit their branding aesthetic.
- Use the Digital Products to create opt-ins such as checklists, workbooks, pdfs, ebooks.
- Use the Digital Products for multiple businesses/blogs for which the Purchaser is the sole owner.
Members May NOT:
- Otherwise alter, edit or manipulate the Digital Products, or claim the Digital Products as their own.
- Sell, loan, or give away the Digital Products or otherwise allow a third-party to use the Digital Products in any way.
- Transfer the Digital Products to clients/customers, even if you have modified the design by adding text or graphics.
- Transfer Digital Products to a third party – whether a client, customer, or business partner without previous written consent obtained directly from GYIDI WEB DESIGN & CONSULTING LLC.
- Use the Digital Products for social media, websites, or any other online/print mediums for clients/customers or anyone who is not a Purchaser (even if the image files are not being directly transferred to the client/customer).
- Digital Products may not be used for any offensive, illegal or pornographic use.
- Use Digital Products to create commercial products for sale or to give away. This includes derviative products such as prints, patterns, invitations, and social media templates.
- Cynthia Akita | GYIDI WEB DESIGN & CONSULTING LLC remains the sole and exclusive owner and holder of the copyright of all digital products.
- Credit / Attribution is not required, but always appreciated. Remember to use @gyididesigns or #gyiditemplates so we can see how you use the templates and even feature your business!
- Purchasers acknowledge that GYIDI WEB DESIGN & CONSULTING LLC | Cynthia Akita does not make any representations or assurances of non-infringement and does not make claim to have received releases from any brands, designers, or manufacturers for use of products, registered trademarks, logos or intellectual property portrayed in the digital products. Purchasers agree that neither Cynthia Akita nor GYIDI WEB DESIGN & CONSULTING LLC shall be liable for any damages resulting from the use of any of the digital products provided. GYIDI WEB DESIGN & CONSULTING LLC | Cynthia Akita shall not be liable for any claims related to, or resulting from, your use of the digital products, which may or may not have been modified by you, or combined with other content.
Purchaser may not under any circumstances transfer product or login credentials to a third party – whether a client, customer, or business partner without previous written consent obtained directly from GYIDI WEB DESIGN & CONSULTING LLC.
Company sells Products ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
The parties agree to attempt to resolve any dispute or claim arising from this agreement by informal negotiation. If the parties are unable to resolve the dispute by informal negotiation, the dispute or claim will be settled by mediation and/or binding arbitration. If the parties decide to use binding arbitration, it shall be settled by a single arbitrator in DENTON COUNTY, TX. The arbitrator or ADR provider may be mutually agreed upon by the parties. If the parties cannot agree on an arbitrator or ADR provider, one will be appointed in accordance with the then-current rules and procedures of the American Arbitration Association. The arbitrator shall apply the law of the state of Texas, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. The prevailing party in the arbitration will recover attorney’s fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of DENTON COUNTY, TX , regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.