Terms and Conditions
This Terms were last modified on Feb 02, 2016 and were first published on Feb 02, 2016.
If you have any questions, contact us at email@example.com
Use of Our Service
Visual Coffee is an online shop where people can buy creative content such as themes and templates etc. (“Goods”). The Service allows the purchase of digital creative content (“Goods”) by a buyer (“Buyer”) of such Goods.
You may use the Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, national and international laws, rules and regulations. Any use of the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service.
Subject to this Agreement, you are hereby granted a non-exclusive, limited, non-transferable and freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service, including the right to terminate this license at any time for any reason or no reason.
When creating your account, you must provide accurate and complete information. You are the only one responsible for the activity that occurs on your account, and you must keep your password secure. We recommend and encourage you to use strong passwords (passwords containing a combination of upper and lower case letters, numbers and symbols). Your account gives you access to the services and functionality that we establish and maintain from time to time and in our sole discretion.
If you open a Visual Coffee account on behalf of an organization or entity, then (a) “you” refers to you and that entity and (b) you warrant that you are an authorized representative of the entity and have the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
By connecting to Visual Coffee with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. All credentials are stored encrypted.
You may never use another User’s account without permission. You must notify us immediately of any breach of security or unauthorized use of your account. We cannot be held liable for any losses caused by any unauthorized use of your account.
You may control your account and how you interact with the Service by changing the settings. By providing us your email address, you consent to our using the email address to send you Service-related notices (such as newsletters, changes to features of the Service, special offers etc.), in accordance with any applicable privacy settings. If you do not want to receive such emails from us, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of critical Service-related emails.
At all times, you agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including but not limited to any automated or non-automated “scraping” (b) using any automated system, including but not limited to robots, spiders, offline readers etc. to access the Service in a manner that sends more requests to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser (c) transmitting spam, chain letters or any other unsolicited email (d) attempting to compromise the system’s integrity or security (e) collecting any personally identifiable information from the Service (f) using the Service for commercial solicitation purposes (g) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud (h) hiding or attempting to hide your identity (i) interfering in any way with the proper working of the Service (j) accessing the Service through any means other than those provided or authorized by the Service (k) use the Service to direct Users to other services or sites to purchase the Goods (l) bypassing the measures we may use to prevent or restrict access to the Service, including but not limited to features that prevent or restrict use or copying of any content.
We may change the Service, stop providing the Service or parts of the Service or create usage limits for the Service without prior notice. We may suspend or terminate your access to the Service without notice and liability for any reason, including if you are in violation of any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Buyers of Goods and us as the seller share the responsibility for making sure that the purchasing process functions accordingly. We reserve the right to correct any processing errors by debiting or crediting the payment method used.
Except for your User Content, the Service and all materials including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights are our exclusive property. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any Visual Coffee Content. Use of the Service and Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Certain parts of the Service may be provided for a fee/charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms. We reserve the right to add new services at additional fees, or amend fees and charges for existing services at any time.
Due to the nature of our products we cannot make refunds, even in the event that you cancel your Visual Coffee account. If we suspend or terminate your account or this Agreement for any reason, you understand and agree that you shall receive no refund or exchange for the credits saved, license or subscription fee, content or data associated with your account, or for anything else.
We care about the integrity and security of your personal information. However, we cannot warrant the security of any information you transmit to us or guarantee that your information on the Service may not be accessed, disclosed, altered, destroyed by breach of any of our physical or technical safeguards. You acknowledge that you provide your personal information at your own risk.
Limitation of Liability
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, losses, costs or debt and expenses arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you (b) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties above (c) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights (d) your violation of any applicable law, rule or regulation (e) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account (f) any other party’s access and use of the Service with your unique username.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE CANNOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES CAN WE BE HELD RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR IMPROPER USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.
This Agreement, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have any questions about this Agreement and the practices of this site you can contact us by email at firstname.lastname@example.org