Just to make sure we're all on the same page, we've provided our Terms of Service below. They outline the terms for purchasing and using digital products from Whitney Gregory Studio.
This Agreement (“Agreement”) is made effective by and between Whitney Gregory Studio (the “Company”), and the user of the Company website (hereafter “Client”), for governing the use of the Company website and purchase of Company downloadable digital files, media, and content, to include, but are not limited to, templates, graphic designs, downloadable PDF files, and e-books (the “Product”) from Company website or online shops or shopping platforms. Client use of the Company website, and purchase, download, and use of the Company products, constitutes your full acceptance of these terms and conditions. If Client does not agree with these terms and conditions, Client is to refrain from using the Company website or purchase, download, or use any of the Company products.
1. DIGITAL PRODUCT, DELIVERY, LICENSE, AND USAGE
After purchasing the digital product, Client will be given access to the Product [within 48 hours] through a download link, emailed to the client by the Company that will provide Product access located on the Canva.com website. The Company reserves the right to only provide Product access for the one and only email address the Client provided at the time of purchase. Client understands the ability to access the Product after the Company has provided the download link is based on Client’s creation of a Canva.com user profile and adherence to Canva’s user requirements. Client understands the Company has no affiliation to Canva outside of using their platform to allow design template operation. The Client waives any right to hold the Company responsible in the event the Client is unable to create or access the Canva user profile required to use the Product, and forfeits any and all rights to a refund or a chargeback. Client will have lifetime access to the Product so long as the product(s) is/are available and Canva.com’s terms allow user access to the Product. Client understands the Product is not related to a subscription or any other service provided by the Company so Company is not responsible for providing any service or feature within the Canva platform. Client understands that Company is not responsible for any cost associated with any pay-to-use features Client chooses to use on the Canva platform, which includes, but is not limited to design elements and Canva subscription. Client understands the Product purchased is a digital template on the Canva platform, and when used can help result in a physical hard copy representing the Client’s work, however, the Company is not responsible for any cost relating to the production, printing, or shipping resulting from Product use. Company Product is accessible and operational through the Canva platform. Client understands that basic understanding of Canva software is necessary to use the Product as it was intended. Lack of understanding of the software and skills to use the product shall not constitute grounds for refunds or chargeback. Client understands Company is free of any fault and cannot be held responsible in any way if Client fails to use the Product for the use the Company intended.
By purchasing the Product from the Company, the Client is granted one license use, therefore the license is intended for the purchaser only. Client purchase of the Product constitutes the Company granting to the Client a non-exclusive, non-sublicensable, non-transferable license to download and access that product or products for the purpose of the Client’s own personal use. The Client understands and agrees that Company Products are not created for Client to use for any commercial purpose, but rather for personal use only and Client may modify it as desired, but forfeits any right to use the Product on the behalf of a third party without an additional license being purchased for a third party. Client understands that any use other than described herein and covered under the terms of this agreement is prohibited. Client agrees to refrain from copying, re-selling, sublicensing, renting out, sharing, or otherwise distributing any Company Product, whether modified or not, to any third party. Client understands and agrees that the Product materials or access to the Product may not be shared with any third party and in the event the Company has reason to believe that the Product, and/or access to, is being shared with another party, Company reserves the right to collect receivables for the Product, based on its list price at the time the Client is believed to have made the license infraction, or where applicable, seek compensatory damages from the Client through legal action. Client agrees not to use any Products in a way which might be detrimental to the Company or damage the reputation of the Company.
PERSONAL USE: Under this License Use, Client may create an unlimited number of end products using this template, for personal use (not for commercial use).
2. INTELLECTUAL PROPERTY AND PRODUCT COPYRIGHT
The Product, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the sole and exclusive property of the Company. Client agrees that under no circumstances, whether the product has been modified or not, shall have or attempt to claim ownership of any intellectual property rights or copyright in the product. Products sold are copyrighted by the Company 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. 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. FEES & PAYMENT PROCESSING
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated per the Product listing price presented on the online shopping platform at the time of purchase. Company reserves the right to change any Product price at any time, including the start and/or end of a sale, acceptance of discount codes, or any other form of promotions without offering forewarning. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to immediately collect any and all outstanding receivables.
4. RETURN POLICY, REFUNDS, AND CHARGEBACKS
Due to the nature of digital products being immediately accessible upon purchasing, and their inability to be returned, all sales are final and Product is non-returnable. Once Client has purchased Product, the Client accepts the Product “as is” and waives any rights to a refund, exchange, or substitution. No refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances. Client agrees that any payments made to the Company for the Product are final and may not be charged back via the Client’s payment provider.
5. PERSONAL INFORMATION
To purchase the Product, the Client is required to provide personal information, which includes: name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information. The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, are grounds for immediate termination from the Product.
6. WARRANTIES AND LIABILITY
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides 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. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third 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.
7. THIRD-PARTY LINKS
Client understands links provided are from websites owned and operated by third parties (“Linked Websites”) who are unaffiliated with the Company. The Linked Websites are not under the control of the Company, and the Company 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. The Company provides links to Client as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by the Company. Client use of link to any such Linked Website is entirely at Client’s own risk. The Company is not a party to any transaction between you and a Linked Website. Client’s 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. FORCE MAJEURE
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting there from shall not be considered a breach of this Agreement.
9. GUARANTEES
Company makes no guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
10. RELEASE & REASONABLE EXPECTATIONS
Client has spent a suitable amount of time assessing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: every client and final result using the Product is different; and the Product is intended for a mass audience. Client understands and agrees that responsibility for checking colors, bleeds, trim lines, texts, and fonts of the template before printing is solely on the Client, and Company is not responsible for print quality or printing errors.
11. ENTIRE AGREEMENT
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any prior written, oral, implied or otherwise, agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The failure by the Company 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. Client agrees that monetary damages may not be a sufficient remedy for the damage which may accrue to Company by reason of Client breach of these terms and conditions, therefore Company shall be entitled to seek injunctive relief to enforce the obligations contained herein.
12. VENUE AND JURISDICTION
The laws of the State of Utah shall govern this contract, and any resulting arbitration shall take place within Salt Lake County, Utah. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
13. MEDIATION AND ARBITRATION
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Salt Lake County, Utah, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
14. TRANSFER
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
15. SEVERABILITY
In the event that any single provision within this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
And there you have it – our Terms of Service. In summary, the agreement outlines the terms for purchasing and using digital products from Whitney Gregory Studio, emphasizing limitations on usage, payment terms, and dispute resolution procedures. If you have any questions or just want to drop us a line to say hello, feel free to reach out at WhitneyGregoryStudio@gmail.com. We're always here to chat, whether it's about digital design or your latest favorite internet meme!