By accessing or using TemplateMix, by signing up as a User of TemplateMix or by accessing Free templates, you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using TemplateMix. If you cannot accept this Agreement, you may not access or use TemplateMix.
In this Agreement, TemplateMix, the TemplateMix Service, all services related to it, including all text, images, photographs, user interface, look and feel, data and other content (including the selection, coordination and arrangement of such content) are referred to as the "Website" or "Service."
TemplateMix reserves the right to change the Terms and Conditions of the Agreement and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions because they legally determine the conditions under which they are allowed to use the Service. A User's continued access of this Website shall be deemed acceptance of the modified agreement.
1. Services Generally.
(a) Description. The Service is an online offering where individuals or entities (%u201CUser" or collectively, "Users") can design and/or create a customized Template and/or business cards using materials and tools provided by TemplateMix. Users agree that TemplateMix is responsible for providing this service, and that TemplateMix is not responsible for providing any other services or tasks not specifically outlined in these Terms.
(b) License. Users must purchase a license to use the symbols (and associated materials) in our Service to create the Template. TemplateMix retains the copyrights and all associated rights to the original symbols, but the non-exclusive license allows Users to use and display that symbol in the customized Template. The symbols (and other materials) used in any preliminary design that are not contained in the final version of the Template remain the property of TemplateMix. Under this license, Users cannot sell, assign, or transfer rights to the symbol, but any trademark rights developed in the customized Template will be owned by the User.
(c) Payment. Users must pay for the Service via credit card or other payment method authorized at the time of registration. If Users pay by credit card, they will be required to provide a valid credit card number and billing address when registering. The payment policies for Users may change at any time. Such changes will not, however, apply to projects that are in-process before the changes are made by TemplateMix.
(d) Refunds. After a User has created and purchased a Template design and has accessed high-resolution files, they are not eligible for a refund. However, TemplateMix has the right to cancel orders and provide a refund at any point in the development process at its discretion. In cases of technical issues with accounts or files, refund eligibility expires after 3 months from the date of purchase. TemplateMix retains the right to modify or change this policy at any time without notice.
2. Eligibility and Use.
(e) Eligibility. To register as a User, you must be at least 18 years of age, accept the Agreement, and complete the registration procedure. By registering, Users represent and warrant that (1) they meet these eligibility requirements, (2) the information they include as part of the registration process is complete and accurate, and (3) if they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement. TemplateMix is not required to accept a User's registration.
(f) Permitted Uses. Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Website. Any use of the Website is at a Users own risk and responsibility. Users may (i) display the Website on an internet access device, and (ii) occasionally, and only in circumstances that constitute "fair use" under Canadian copyright law, print copies of insubstantial portions of the Website. Users agree not to modify the Website, or any portion of it, except by the express written consent of TemplateMix. Users may not frame, or use any framing techniques to enclose any portion of the Website without the written consent of TemplateMix. Users may not use meta tags or any other "hidden text" that utilize the TemplateMix trademark or company name without the written consent of TemplateMix.
(g) Prohibited Uses. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Website. Users must comply with all applicable laws (including any applicable export control laws) in connection with using the Service. Further limitations may be set forth in any written or on-screen notice from TemplateMix.
(h) Printed Products. Users understand that printed materials (i.e., business cards) generated from TemplateMix via TemplateMix print partners may not exactly match what is seen on a computer screen at the time of purchase. This includes colors, image placement and data input by the user. Users understand that colors chosen to generate business cards cannot be exactly duplicated by TemplateMix printing partners due to inherent limitations in printing technologies, although every reasonable effort shall be made to match colors as closely as possible.
(i) Free Web-Ready Template. Users understand that Free templates is for use on the Internet and should not be used in printing or other channels. TemplateMix retains the rights to the Template and does not transfer the Template rights to the user until the Template is purchased by the user. Users must use the Template code as it is provided and should not alter the code in any way. User understands that Free templates contains an embedded direct link to TemplateMix and/or one of its sister sites. This link is to remain embedded in the Template and should not be altered or removed.
(j) Payment. In consideration for the services provided by TemplateMix, User shall pay TemplateMix the amount set forth in each transaction.
(1) Users agree not to transmit, distribute, post, communicate or store information on, to, or through the Website that:
(i) is copyrighted, unless Users are the copyright owner;
(ii) reveals trade secrets, unless Users own them;
(iii) infringes on any intellectual property, privacy, or publicity rights of others;
(iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;
(v) is sexually-explicit;
(vi) constitutes advertisements or solicitations of business, chain letters, or pyramid schemes; or
(vii) contains viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any TemplateMix system, data, or information.
(2) Users further agree not to:
(i) use any incomplete, false, or inaccurate information for purposes of registering as a User;
(ii) delete or revise any information of another User or of TemplateMix;
(iii) take any action that imposes an unreasonably large load on the Website's infrastructure;
(iv) attempt to interfere with the proper working of this Service;
(v) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Website other than with the search engines available from TemplateMix and other commercially available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla FireFox, Google Chrome); or
(vi) attempt to decipher, decompile, disassemble, or reverse engineer any of the software underlying the Website.
(vii)attempt to delete or modify links or keywords embedded in Free templatess.
(3) Users are prohibited from attempting to violate the security of the Website, including:
(i) accessing data not intended for Users or logging into a server or account that Users are not authorized to access;
(ii) attempting to probe, scan, or test the vulnerability of the Website or to breach security or authentication measures;
(iii) attempting to interfere with the service of any user, host or network, including submitting a virus to, overloading, "flooding", "spamming", "mailbombing," or "crashing" the Website;
(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
(4) Violations of security of the Website may result in civil or criminal liability. TemplateMix will investigate any violation and may cooperate with law enforcement authorities in prosecuting Users involved in such violations.
(d) Operation of Website. TemplateMix reserves the right to terminate User's ability to communicate with, or post to, the Website at any time. TemplateMix will take reasonable efforts not to disclose any information Users send to the Website. TemplateMix may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request. TemplateMix may edit, refuse to post, or to remove any information or materials from the Website.
(e) Accessibility. TemplateMix shall not be responsible for any delays or interruptions of, errors, or omissions contained in the Website. Although TemplateMix will use reasonable efforts to make the Website and Service accessible, TemplateMix makes no representation, warranty or covenant that the Website will be available at any specific time since various circumstances may prevent or delay availability. TemplateMix may discontinue or modify the Website, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. TemplateMix shall not be responsible for any loss, cost, damage or liability that may result in such events. Purchased Template files are only stored in the users TemplateMix account for one year.
(f) Termination of Access. TemplateMix reserves the right to reject, cancel, or terminate User's access to the TemplateMix website of Free Web-Ready Template at any time without notice. Users agree that TemplateMix shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.
3. Responsibility for Content
(a) Website. TemplateMix shall not be responsible for any use that is or is not made of the Website. TemplateMix makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Website. TemplateMix does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he creates a Template at his own risk and that he is responsible for taking any actions necessary to determine whether its use will infringe any third party intellectual property, privacy, or publicity right. User agrees to be solely responsible for the accuracy of the content of any Template created for User by TemplateMix.
(b) Downloads. TemplateMix does not guarantee that data made available on the Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is Users responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.
4. Rights to Use.
(a) User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), TemplateMix has all rights necessary to use the User Information to provide the Service.
(b) License. Upon submission of User Information to the Service, User grants TemplateMix a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, moral right, perform, display, and/or incorporate in other works, in any form, media, or technology now known or later developed for the full term of any intellectual property rights that may exist in such User Information to the extent necessary to provide the Service.
(c) User Ownership. Subject to Users compliance with this Agreement, User shall own the customized Template created by the Service. User shall not, however, own any materials, media or other content generated during the process of creating that Template or by using Free templates (or Shapes). User grants to TemplateMix the right to use any such material (other than the customized) for internal and archival purposes. Users also grant TemplateMix the right to utilize the customized Template in connection with advertising, marketing and promotional materials. TemplateMix shall retain sole title to and ownership of all templates created or otherwise used in connection with the production of User's Template.
(d) TemplateMix Ownership. The contents of this Website, including the user interface, text, graphics, templates, icons, free web-ready templates, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of TemplateMix and are protected by Canadian and international copyright and trademark laws.
(1) Intellectual Property. TemplateMix owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Website to the fullest extent provided under Canadian and international law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Website. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of TemplateMix without the written consent of TemplateMix.
(2) Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement. User acknowledges that TemplateMix has no obligation or duty to perform trade or service mark searches to validate the propriety or legality of the customized Template. Accordingly, TemplateMix encourages Users to perform their own independent searches. User acknowledges that TemplateMix shall have no responsibility to assist User in seeking provinical or federal intellectual property protection (i.e., trademark registration). TemplateMix shall not be responsible to assist User to perfect the Users rights.
(3) Third Party Rights. If Users believe any content appearing on the Website infringes another party's rights, please to notify us of this infringement.
5. Registration, Password, User Identity.
(a) User Identity. When registering, Users will create an identity ("User Identity"). The User Identity will include certain information, including the industry in which Users operate. The information provided may not be treated as confidential.
(b) Passwords and Access. Users shall keep confidential the User Identity, registration identification, and password(s). Users shall immediately notify TemplateMix if Users learn of or suspect: (i) any loss or theft of a User Identity, registration identification or password, or (ii) any unauthorized use of Users registration identification or password or of the Website. In such an event, TemplateMix may impose additional security obligations on Users.
(c) Security Breaches. If any unauthorized person obtains access to the Website as a result of any act or omission by a User, that User shall use his best efforts to ascertain the source and manner of acquisition and shall promptly notify TemplateMix. Users shall cooperate and assist in any investigation relating to any such unauthorized access.
(d) Inactivity. TemplateMix will maintain and grant Users access to in-progress information until one year after the customized Template is finished. If Users have not accessed the Website after that time, TemplateMix may delete that information.
7. Disclaimers; Limitations of Liability.
(a) Release from Claims. The Service serves as a venue for the creation of templates. TemplateMix does not screen or censor any information or material posted to the Website. Although TemplateMix makes reasonable efforts to determine the identity of Users, TemplateMix does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release TemplateMix from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
(b) Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS." TEMPLATEMIX MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED OF ANY KIND RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. TEMPLATEMIX DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. TEMPLATEMIX SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TEMPLATEMIX OR ANY THIRD PARTY. FURTHER, TEMPLATEMIX DOES NOT WARRANT THAT THE WEBSITE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
(c) Limitation of Liability. NEITHER TEMPLATEMIX NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEBSITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.
(d) Exclusion of Consequential Damages. IN NO EVENT SHALL TEMPLATEMIX OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE OR ANY OTHER CONTENT, EVEN IF TEMPLATEMIX OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Users agree to defend, indemnify and hold harmless TemplateMix and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.
9. Linked Content.
The Website may contain links to third party Websites or other services (the "Linked Content"). The Linked Content is not under the control of TemplateMix and TemplateMix therefore is not responsible for the Linked Content. TemplateMix provides Linked Content to Users only as a convenience and the inclusion of such Linked Content is not an endorsement by TemplateMix. If Users decide to access any Linked Content, Users do so at their own risk. Users will need to make independent judgments regarding interactions with these Linked Sites.
TemplateMix reserves the right to terminate Users access to all or a portion of the Service without notice. In the event of such termination, TemplateMix will determine the amount of any refund (if any) to be paid to User as a result of such termination. Should Users use of the Service result from a material breach of this Agreement, or any other agreement between TemplateMix and User, User shall not be entitled to any refund.
TemplateMix may disclose any information about Users (including identity) if TemplateMix determines that such disclosure is necessary in connection with any investigation or complaint regarding use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TemplateMix's rights or property, or the rights or property of visitors to or users of the Website, including TemplateMix customers. TemplateMix reserves the right at all times to disclose any information that TemplateMix deems necessary to comply with any applicable law, regulation, legal process or governmental request. TemplateMix also may disclose information when TemplateMix determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
12. Email communications.
TemplateMix will generally use email to communicate with User. By using the Service, Users agree to receive status notifications, a periodic newsletter, and carefully selected special offers and promotions, and third-party services TemplateMix believes could be of value to User. Users are free to unsubscribe from such communications at anytime. User's personal identifying information will never be disclosed or shared with another party without User's explicit permission.
Any notice required or permitted to be given pursuant to these Terms shall be in writing and directed to info@TemplateMix.com, and shall not be deemed confidential.
14. Independent Contractors.
Each party is an independent contractor and, except as otherwise agreed to by the parties, the parties shall not have the authority to bind, represent or commit the other. Nothing in these Terms shall be deemed or construed to create joint venture, partnership or agency relationship between the parties. The parties agree and acknowledge that no User of the TemplateMix Website, TemplateMix customer or other third party has or shall have any rights as a third party beneficiary or otherwise arising from or relating to these Terms.
15. Force Majeure.
Except for the payment of the Fees by User, if the performance of any part of Terms is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without such party's fault or negligence, that party shall be excused from such to the extent that such party is prevented, hindered or delayed by such causes.
Any rights not expressly granted herein are reserved by TemplateMix.